GOLDSMITH v. SUPERIOR COURT

Docket No. 23349.

152 Cal.App.3d 76 (1984)

199 Cal. Rptr. 366

DANIEL SIGMUND GOLDSMITH, Petitioner, v. THE SUPERIOR COURT OF SHASTA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

February 21, 1984.


Attorney(s) appearing for the Case

COUNSEL

Leep, Asbill & Tescher and M.K. Tescher, Jr., for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Willard J. Jones and William G. Prahl, Deputy Attorneys General, for Real Party in Interest.


OPINION

SPARKS, J.

The issue in this writ proceeding is whether the trial court can lawfully make a discovery order compelling defendant to turn over to the prosecution a weapon he allegedly used to commit the offenses charged. We hold that the trial court may not order such production because there is no legislative authorization for the compelled disclosure and, more fundamentally, because it would violate defendant's constitutional...

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