People v. Gonzales

Opinion

CROSBY, J.

We were directed by the Supreme Court to reconsider this case in light of In re Michael L. (1985) 39 Cal.3d 81 [216 Cal.Rptr. 140, 702 P.2d 222]. Following a different decision, however, California v. Trombetta (1984) 467 U.S. 479 [81 L.Ed.2d 413, 104 S.Ct. 2528], we must conclude police failure to preserve an attempted robbery victim’s written description of the perpetrator’s tattoo does not require, as we formerly held, reversal of Joseph Gonzales’ conviction per People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361] and retrial with an appropriate corrective…