Worthy

Defendant has appealed from his conviction for second degree murder, in violation of Penal Code section 187. The jury found true the allegation that he used a firearm in the commission of the offense. Following a trial on the issue of sanity, the jury found that defendant was legally sane at the time of the commission of the offense. Defendant was sentenced to state prison for a total of six years.

He seeks reversal of his conviction for the following reasons:

I

Appellant’s first contention raises an issue of first impression in California: May a trial court appoint experts at county expense for an indigent defendant represented by private counsel? Although no statutory authority exists in California for such appointment, we have concluded that the Constitution compels such appointment in a proper case and that the trial court has inherent power to do so.

Prior to trial, appellant’s attorney filed a motion for appointment of confidential expert witnesses under Evidence Code sections 730 and 952. His declaration stated that defendant was indigent and without resources to hire the services of an expert. He sought appointment of a psychiatrist, a psychologist and an…