Abernathy

Doimonique Abernathy is charged with murder (Pen. Code, § 187), 1 as well as with a special circumstance allegation making her eligible for the death penalty. (§§ 190.2, subd. (a)(17)(A), 190.3, 190.4.) By petition for writ of mandate, she challenges an order of the Contra Costa County Superior Court denying her request for daily transcripts of her preliminary examination. She contends that section 190.9, subdivision (a)(1) (hereafter subdivision (a)(1)) requires the transcripts, so that the magistrate had no discretion to deny her motion. 2 We agree, and, having previously issued a stay of the preliminary examination and an alternative writ of mandate, direct issuance of a peremptory writ.

BACKGROUND

Abernathy’s initial motion was made to the superior court judge sitting as a magistrate (People v. Toney (2004) 32 Cal.4th 228, 230, fn. 2 [ 8 Cal.Rptr.3d 577 , 82 P.3d 778 ]) assigned to preside over the preliminary hearing. Upon denial of her motion, Abernathy appropriately petitioned for writ of mandate to the superior court (People v. Superior Court (Jimenez) (2002) 28 Cal.4th 798 [ 123 Cal.Rptr.2d 31 , 50 P.3d 743 ]), and upon denial of the petition, sought relief…