STATE v. GARDEA

No. 19746.

712 P.2d 195 (1985)

The STATE of Utah, Plaintiff and Respondent, v. Victor Lazcano GARDEA, Defendant and Appellant.

Supreme Court of Utah.

November 18, 1985.


Attorney(s) appearing for the Case

Thomas A. Mitchell, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Salt Lake City, for plaintiff and respondent.


DURHAM, Justice:

Defendant Victor Gardea was convicted in the district court of retail theft. He appeals on the ground that the court violated his sixth amendment right to compulsory process by permitting the federal government to deport a material defense witness before trial. We affirm.

On September 2, 1983, a Sears, Roebuck & Co. security guard noticed two individuals enter the menswear department of the store carrying a large, gift-wrapped box. The...

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