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VERDIN v. SUPERIOR COURT

No. E038165.

40 Cal.Rptr.3d 814 (2006)

Jose De Jesus VERDIN, Petitioner, v. The SUPERIOR COURT of the County of Riverside, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

March 24, 2006.

Attorney(s) appearing for the Case

Gary Windom, Public Defender, and Richard V. Myers, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Grover Trask, District Attorney, and Elise J. Farrell and Elaina Gambera Bentley, Deputy District Attorneys, for Real Party in Interest.

Thomas J. Orloff, District Attorney (Oakland) and Jeff H. Rubin, Deputy District Attorney, for the California District Attorneys Association as Amicus Curiae on behalf of Respondent.

OPINION

McKINSTER, J.

FACTUAL AND PROCEDURAL HISTORY

Petitioner is charged with attempted murder, spousal battery and related crimes. Following the preliminary hearing, the defense indicated it would raise a "diminished actuality" defense pursuant to Penal Code1 section 28, and had Dr. Francisco Gomez examine petitioner and prepare a psychological evaluation. The prosecution sought discovery of materials from Dr. Gomez...

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