What is the test for failing to preserve material evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Darnell, C074977 (Cal. App. 2017):
A trial court has discretion in determining the appropriate sanction for failure to preserve material evidence. (People v. Alvarez (2014) 229 Cal.App.4th 761, 778.) We find no abuse of discretion in the trial court's decision to strike the alcohol-related charges but not the firearm charges.
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