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Name: Sharp v. Superior Court
Case #: S190646
Court: CA Supreme Court
District CalSup
Opinion Date: 05/31/2012

In a sanity proceeding [NGI], under Penal Code section 1054.3, subdivision (b), the prosecution may seek compelled evaluation of a defendant by prosecution experts. When a defendant pleads not guilty by reason of insanity, under Penal Code section 1027, the court appoints psychiatrists or psychologists to examine the defendant and testify at a sanity trial, if called. Amended Penal Code section 1054.3, subdivision (b) provides that unless otherwise specifically addressed by an existing provision, whenever a defendant in a criminal action places in issue his mental state, at any phase of the action, through the proposed testimony of any mental health expert, the prosecution may request that the court order defendant examined by prosecution experts. In this case, the court found that section 1054.3, subdivision (b), with its broadly inclusive language, includes an NGI proceeding and that section 1027 is not inconsistent with, but instead compliments, it. The fact that appointments have been made under section 1027 does not preclude the court, in its discretion, from ordering an examination under section 1054.3, subdivision (b).