People v. Gomez

This is an interlocutory appeal by the prosecution from an adverse ruling on a motion to suppress. We affirm.

The defendant, Joseph Raymond Gomez, is charged with possession of heroin with intent to dispense, in violation of section 12-22-322, C.R.S. 1973 (1978 Repl. Vol. 5). The district court suppressed testimony relating to three prosecution exhibits as evidence, because the exhibits were destroyed in the process of testing by the Colorado Bureau of Investigation and, hence, were unavailable for independent testing by defendant’s expert. Garcia v. District Court, 197 Colo. 38, 589 P.2d 924…