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STATE v. JIMINEZ

No. 870399-CA.

761 P.2d 577 (1988)

STATE of Utah, Plaintiff and Appellant, v. Jessie JIMINEZ, Defendant and Respondent.

Court of Appeals of Utah.

Rehearing Denied December 7, 1988.

Attorney(s) appearing for the Case

David L. Wilkinson, State Atty. Gen., Sandra L. Sjogren, Asst. Atty. Gen., for plaintiff and appellant.

David E. Yocom, Salt Lake Co. Atty., Ernie Jones, Deputy Co. Atty., James N. Bradshaw, Joan C. Watt, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and respondent.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

JACKSON, Judge:

The State appeals dismissal of the charge that Ms. Jiminez, while in custody, assaulted a police officer in violation of Utah Code Ann. § 76-5-102.5 (1978). The issue presented is whether defendant made a sufficient showing that a videotape erased at the jail was material to her guilt or innocence such that she could not receive a fair trial without it. We vacate the dismissal order.

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