The People, Plaintiff and Appellant v. Armando Monter Jacinto, Defendant and Respondent

Summary

The court affirmed the Court of Appeal’s reversal of a trial court order dismissing the charges after the defense witness was deported and became unavailable to testify. It held that defendant failed to establish prosecutorial misconduct because the sheriff released the witness to federal immigration authorities pursuant to an immigration detainer, and the sheriff’s conduct was not shown to be attributable to the prosecution. The court also concluded that the judicially noticed immigration detainer was properly before it and noted that defendant had available procedures to preserve or secure the witness’s testimony. Justice Kennard, concurring, agreed that no constitutional violation occurred but declined to join the majority’s resolution of whether jail deputies were members of the prosecution team.