Davis

In this matter, we have reviewed the petition, the informal response by real party in interest, a letter filed by real party in interest on November 3, 2015, and a subsequent letter from petitioner. Having determined that petitioner may have established a right to relief, we set an order to show cause. For the reasons we set forth post, we conclude a writ must issue to require the trial court to at least partially grant petitioner’s request for postconviction discovery. (Pen. Code, § 1054.9.)

FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted petitioner of three counts of first degree murder with enhancements. (People v. Brown (Oct. 6, 1998, E018586) [nonpub. opn.].) The trial court sentenced petitioner to multiple terms of life without the possibility of parole.

Toward the end of 2011, petitioner notified the trial court that he sought postconviction discovery under section 1054.9. On January 26, 2012, the trial court held a hearing on petitioner’s request. It ordered petitioner and real party in interest to informally resolve the issues of what discovery materials petitioner would receive but informed petitioner he would need to pay for copies before anything would…