SHARP v. SUPERIOR COURT OF VENTURA COUNTY
In Verdin v. Superior Court (2008) 43 Cal.4th 1096 (Verdin), our Supreme Court held that the prosecution had no right to compel a mental examination of a defendant by a retained prosecution expert because such an examination is a form of discovery that is not authorized by statute or mandated by the Constitution. Here, we hold that a 2010 amendment to the California discovery law authorizes such a mental examination of a defendant who pleads not guilty by reason of insanity (NGRI). (Pen. Code,[1] § 1054.3, subd. (b), see also § 1027.)
Calvin Leonard Sharp petitions this court for a writ of mandate directing the superior court to vacate its order of January 25, 2010, granting the People's motion for a mental examination by a prosecution-retained expert. The People's motion was granted by the trial court pursuant to section 1054.3, subdivision (b)(1), a provision in the California discovery law which became effective on January 1, 2010 (section 1054.3(b).)[2] We issued an alternative writ and real party in interest filed a return.
Sharp contends that section 1054.3(b) does not apply to a determination of sanity, and that the trial court has no other authority to compel a mental examination by a prosecution-retained expert in a case where the defendant pleads NGRI. (§ 1027.) Sharp also claims section 1054.3(b) was improperly applied retrospectively, the trial court violated his constitutional rights under the Fifth and Sixth Amendments and the due process clause, and the court abused its discretion. We conclude that section 1054.3(b) applies to determinations of sanity under section 1027 and that Sharp's other contentions have no merit. Accordingly, we deny the writ.
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