People v. Holloway

HODGES, Chief Justice.

The People appeal the district court’s dismissal of second-degree burglary 1 and criminal mischief 2 charges filed against the defendant, Tony Ray Holloway. The court’s dismissal was based on the prosecution’s inadvertent destruction of police dispatch tapes. These tapes were deemed crucial to the defendant’s misidentification defense. While we agree that the defendant’s due process rights were violated by the destruction of the tape, we find the district court’s dismissal of the charges is too severe a sanction under the circumstances. Accordingly, we reverse and order…