Filed 6/9/06 Lewis v. Superior Court CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| RAYMOND ANTHONY LEWIS, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent. |
F047350
(Super. Ct. No. 389385-6)
OPINION |
| THE PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest. |
|
ORIGINAL PROCEEDING: Petition for Writ of Mandate. Lawrence Jones, Judge.
Quin Denvir, Federal Defender, and Joseph Schlesinger, Assistant Federal Defender, and Kevin G. Little, for Petitioner.
No appearance for Respondent.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Eric L. Christoffersen and Jeffrey D. Firestone, Deputy Attorneys General, for Real Party in Interest.
-ooOoo-
Petitioner Lewis was convicted of the first degree murder and robbery of Sandra Simms and was sentenced to death in 1991. The judgment was affirmed on appeal in People v. Lewis (2001) 26 Cal.4th 334. This petition for writ of mandate attacks the superior court's January 24, 2005 denial of his Penal Code section 1054.9 motion for postconviction discovery. We granted an order to show cause. As we shall explain, we find no error in the superior court's denial of petitioner's motion because the superior court acted well within its discretion in concluding that petitioner failed to demonstrate that â€
