P. v. Garcia CA4/3
The main issue on appeal involves the admissibility of statements obtained from defendant Jimmy Matusalem Garcia during questioning by police prior to advising him of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Defendant also asks that we review the school materials he subpoenaed and which the trial court reviewed and did not disclose to the defense. The Attorney General has no objection to this court reviewing the subpoenaed materials. We find the trial court did not err in admitting defendant’s confession into evidence. We reviewed the subpoenaed school records and found the defense should have been given access to the school records. Because we cannot determine on this record whether the failure to reveal that information prejudiced defendant, we will conditionally reverse and remand the matter for further proceedings.
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