Leonard

The People appeal from the denial of their motion to bar the defense from contacting jurors without prior court approval and good cause. We dismiss this appeal as one from a non appealable order because it does not affect the substantial rights of the People. (Pen. Code, § 1238, subd. (a)(5).)

Factual and Procedural Background

On June 13, 1996, defendant Eric Royce Leonard was convicted and sentenced to death for the murder of six people committed during two separate robberies. His automatic appeal of the judgment of conviction and sentence of death is currently pending before the California Supreme Court in People v. Leonard, S054291.

On September 8, 2000, subsequent to conviction, the People filed a motion in the Sacramento County Superior Court, requesting an order precluding defendant or anyone acting on his behalf, from contacting the jurors who rendered the verdicts in this case without first obtaining court approval and establishing good cause; and in addition or in the alternative, that counsel be required to contact the jurors only through the court; and in addition or in the alternative, that any posttrial questioning of jurors be conducted under the direct…