Danis

This is an appeal by defendant Danis from a judgment of conviction by a jury for violation of section 487, subdivision 3, of the Penal Code (auto theft). Defendant contends that the trial court exceeded its jurisdiction by ordering, on motion of the prosecution, that defendant be examined by a court-appointed psychiatrist, that the examination and medical testimony violated defendant’s constitutional privilege against self-incrimination, and that it was reversible error to permit the prosecution to introduce the psychiatric testimony in rebuttal to the defense of diminished capacity.

Inasmuch as defendant relied solely on the defense of diminished capacity and his inability to entertain the required intent to commit theft, it is not necessary to relate an extensive summary of the facts concerning defendant’s alleged theft of a Pinto automobile. It is sufficient to state that the testimony presented by the prosecution was uncontradicted and overwhelmingly established that defendant, with others, carefully planned, a day in advance, and executed the removal of a Pinto automobile from the Harper Ford Company in Eureka on November 22, 1971, and was paid therefor by his…