People v. Garnica

Opinion

FRANSON, Acting P. J.

Appellant stands convicted after a jury trial of first degree murder; he was sentenced to life imprisonment. On appeal he contends the following errors compel reversal of his conviction: (1) the trial court should have suppressed the prosecution testimony of Marla Klemmer under People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361] because the police failed to preserve a tape recording of the first interview with Ms. Klemmer; (2) the court erred by admitting evidence of an uncharged offense—attempted murder—under the rationale that the evidence was…