P. v. Phan
Defendant was charged by first amended information with committing lewd acts on a child under 14 (Pen. Code, 288, subd. (a);[1] count 1), and misdemeanor annoying or molesting a child ( 647.6, subd. (a)(1); count 2). The alleged victim of the charges was L., a then 13-year-old child with developmental disabilities. Defendant was seen at the Milpitas Counseling Center for a comprehensive psychodiagnostic assessment at his counsels request four times between November 16, 2007, and January 2, 2008. Although defendant was diagnosed with an anxiety disorder, no major psychopathological condition was diagnosed. On July 28, 2008, defendant filed a motion to compel L. to undergo a psychiatric examination to determine her competency to testify. The prosecutor filed opposition to the motion. On August 8, 2008, the court denied the motion without prejudice.
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