Ceballos v. State

On appeal, the defendant enumerates as error the violation of his due process rights by the State's failure to preserve best evidence, seemingly conflating two separate theories. We will address both out of an abundance of caution.(a) Best evidence . Because this case was tried after January 1, 2013, Georgia new Evidence Code applies.14 " OCGA § 24-10-1001 et seq., .... squarely addresses ... the admissibility of secondary evidence of the contents of a [writing] that has been lost or destroyed."15 OCGA § 24-10-1002 provides that "[t]o prove the contents of a writing, recording, or photograph,…