Davis

This is a People’s appeal pursuant to Penal Code section 1238, subdivision (8) from an- order of the superior court dismissing criminal proceedings against respondent because of suppression of evidence by the prosecution. We reverse the judgment of dismissal and remand the matter to the trial court for determination of whether that suppression of evidence has irreparably impaired respondent’s right to a fair and speedy trial.

On March 11, 1970, appellant filed an information charging respondent with two counts of statutory rape and two counts of incest. The alleged victims are his two daughters. The information, as subsequently amended, charges acts committed on December 11, 1966, November 17, 1967, and December 11, 1967, when the victims were 12 and 13 years of age. On July 3, 1970, respondent filed two essentially identical motions each seeking an order of the trial court requiring that the identified complaining witness “be required to present herself . . . for a psychiatric examination at the defendant’s expense by a psychiatrist to be selected by the defendant to examine into her mental condition prior to trial. . . .” Respondent’s declarations filed in support of…