STATE v. VALDEZ

No. 28295-3-III.

241 P.3d 1288 (2010)

STATE of Washington, Respondent, v. Isidro Uribe VALDEZ, Appellant.

Court of Appeals of Washington, Division 3.

November 18, 2010.


Attorney(s) appearing for the Case

Eric J. Nielsen , Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Jennifer Lynn Johnson , Benton County Prosecutors Office, Megan Whitmire , Benton County Prosecutor, Kennewick, WA, for Respondent.


SWEENEY, J.

¶ 1 The State is required as a matter of due process of law to preserve evidence that tends to exculpate a criminal defendant of the crime with which he is charged. Here, the fact that a stolen laptop computer did not work (a fact not in controversy) was not exculpatory. Therefore, the State's failure to retain the computer or computer-related records did not violate the defendant's right to due process of law. Moreover, the evidence of the defendant...

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