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STORY v. SUPERIOR COURT

No. H024993.

135 Cal.Rptr.2d 532 (2003)

109 Cal.App.4th 1007

Gary Dean STORY, Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent, The People of the State of California, Real Party in Interest.

Court of Appeals of California, Sixth District.

June 12, 2003.

Attorney(s) appearing for the Case

Jose R. Villarreal, Public Defender, Mark A. Dames, Deputy Public Defender, for Petitioner.

No Appearances, for Respondent.

Bill Lockyer, Attorney General, State of California, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Martin S. Kaye, Deputy Attorney General, Catherine A. McBrien, Deputy Attorney General, for Real Party in Interest.

OPINION

ELIA, J.

I. INTRODUCTION

Petitioner Gary Dean Story seeks extraordinary relief from the order of respondent court denying his motion to quash the People's subpoena duces tecum and allowing release of his psychotherapy records. The petition raises an issue of first impression in the area of prosecutorial discovery: whether the records of psychotherapy ordered as a condition of probation...

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