Verdin V. Superior Court Of Riverside County

Petitioner, who stands charged with attempted premeditated murder as well as various other felony offenses, has announced his intention to rely on a "diminished actuality" defense. (See People v. Steele (2002) 27 Cal.4th 1230, 1253.) That is, he intends to argue that as a result of his voluntary intoxication or mental condition, he did not actually entertain the requisite mental state for the charged crimes. In support of this defense, he intends to rely on the expert testimony of Dr. Francisco Gomez, a psychiatrist who examined him and has formed opinions regarding his mental state at the time of the crimes. The prosecution naturally seeks pretrial discovery of Dr. Gomez's interview notes and final report. It also seeks something more.