Diaz

Carlos Diaz purports to appeal from an order denying his postjudgment petition to access confidential juror identifying information seven years after his murder conviction. (Code Civ. Proc., § 237, subd. (b).) His petition is based on a juror misconduct claim that we rejected on appellant’s 2008 appeal. (People v. Diaz (Dec. 23, 2008, B203878) [nonpub. opn.].) We dismiss the appeal because the petition was untimely and the denial order does not affect appellant’s “substantial rights” within the meaning of Penal Code section 1237, subdivision (b). Appellant has no constitutional or statutory right to “two bites of the appellate apple.”

Procedural History

In 2003, appellant shot and killed rival gang member, Francisco LopezReynaga. After the shooting, appellant ran to Rudy Vargas’s home, a gang safe house, and disposed of the firearm.

In 2007 appellant was convicted by jury of second degree murder (§§ 187, subd. (a), 189) with findings that he committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and personally used and discharged a firearm causing death (former § 12022.53, subds. (b)-(d)). The trial court denied a motion for new trial,…