State v. Rodriguez

Rodriguez was found guilty by a jury of possession of a controlled substance with the intent to distribute, § 195.211, RSMo 1994, and was sentenced as a prior and persistent offender to fifteen years’ imprisonment. Rodriguez’ appeal concerns the trial court’s failure to grant a mistrial. Rodriguez sought a mistrial based on the state’s failure to disclose to the defendant prior to trial that a key defense witness had told prosecutors of his intent to recant his earlier deposition testimony.

On the evening of December 3, 1996, local police and officers of the federal drug task force executed a…