Pack

Ronald F. Pack appeals his conviction by a jury of various counts which include rape, kidnapping, sodomy, oral copulation and assault with a deadly weapon or by means of force likely to cause great bodily injury.

On appeal, Pack requests that this court review the mental health records of the complaining witness in order to ascertain whether the trial court erred in denying release of the records to him for purposes of impeachment. Pack also asserts as error the admission of statements in violation of his Miranda rights.

We affirm the conviction.

Discussion

I. Mental Health Records

In response to a subpoena duces tecum from Pack, Ventura County Mental Health Services delivered to the trial court a sealed envelope containing the patient records of Shirley J., the victim and complaining witness. In deference to the confidential nature of the records (Welf. & Inst. Code, § 5328), the court examined them in camera to determine if they contained information relevant to the credibility, memory, and capacity of the witness, and whether such information should be released to the defendant for purposes of cross-examination and impeachment. (See People v. Reber (1986) 177…