People v. Moore

Opinion

BROUSSARD, J.

This appeal presents the question whether a probation department has a duty to preserve and disclose a urine sample when that sample is used as the basis for revocation of probation, We hold that the department, having requested a revocation hearing based on the test results of a urine sample, has a duty to preserve and disclose the sample even in the absence of a request therefor.

On July 1, 1977, defendant Frank Moore was charged by information with five counts of selling controlled substances in violation of Health and Safety Code section 11379, subdivision (a). In an…