State v. Rivers

DAVIS, Judge.

The State challenges the trial court’s order dismissing the charges against Patrick Rivers. Rivers had been charged with one count of DUI with serious bodily injury following a motorcycle crash involving Rivers and his friend, Morrie Yedor. The trial court dismissed the charges after concluding that the State’s loss of an audio recording that contained exculpatory material denied Rivers due process of law. We reverse.

After the accident, law enforcement took an oral statement from Yedor, which was later transcribed. The officer who took the statement reviewed the transcript and…