Is there any evidence that the police failed to preserve a tape recording of appellant's statements and therefore the statements should be suppressed?

Appellant further contends that the police failed to preserve a tape recording of appellant's statements and therefore the statements should be suppressed. Courts have recognized a prosecutor's duty to disclose material evidence favorable to the accused and the correlative duty to preserve it. (People v. Nation (1980) 26 Cal.3d 169, 175, 161 Cal.Rptr. 299, 604 P.2d 1051; People v. Hitch (1974) 12 Cal.3d 641, 650, 117 Cal.Rptr. 9, 527 P.2d 361.) Appellant's argument fails here, however, because of insufficient evidence that a tape recording ever existed.

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3. Denial of Jury Trial