Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert?

Defendant's reliance on Evidence Code section 730 is misplaced. As explained in People v. Stuckey (2009) 175 Cal.App.4th 898, the statute "provides for appointment of ancillary service at public expense for indigent criminal defendants in noncapital cases only for purposes of defense at trial on the issue of guilt." (Id. at p. 908.) This "does not include sentencing proceedings that necessarily occur after a determination of guilt." (Id. at p. 913.)

As for defendant's reliance on federal constitutional law, he "failed to argue in the trial court that the denial of a . . . mental health expert amounted to a violation of his federal constitutional rights. His constitutional claim is, therefore, forfeited." (People v. Panah (2005) 35 Cal.4th 395, 436.)

And the entitlement to defense experts is not coterminous with the right to counsel. (People v. Stuckey, supra, 175 Cal.App.4th at p. 918.) "[T]he test for constitutional entitlement to appointment of defense experts focuses on whether a defendant requires assistance on an issue relating to guilt. Except for the penalty phase of capital cases, entitlement to defense experts is a right to prepare a defense to the criminal charges." (Id. at p. 915.) Although a defendant may need experts to present affirmative defenses or to negate prosecution experts in order to have a fair trial on the issue of guilt (id. at p. 918), there are no issues of guilt at a sentencing hearing. Sentencing decisions do not focus on contested issues of fact and are addressed to the trial court's discretion. (Id. at p. 916.)