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SHARP v. SUPERIOR COURT

No. S190646.

54 Cal.4th 168 (2012)

141 Cal. Rptr. 3d 486

277 P.3d 174

CALVIN LEONARD SHARP, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

Filed May 31, 2012.

Attorney(s) appearing for the Case

Duane A. Dammeyer and Stephen P. Lipson , Public Defenders, and Michael C. McMahon , Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Gregory D. Totten , District Attorney, and Lisa O. Lyytikainen , Deputy District Attorney, for Real Party in Interest.

OPINION

WERDEGAR, J.—

When the defendant in a criminal action has placed his or her mental state at issue through the proposed testimony of a mental health expert, Penal Code section 1054.3, subdivision (b)(1)1 authorizes the trial court to order the defendant to submit to examination by an expert retained by the prosecution. In this case, we decide whether that statutory authority extends to a defendant who...

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