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Name: People v. Roldan
Case #: G044859
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/01/2012

A witness who was deported to Mexico prior to trial was not "unavailable" in the constitutional sense because the prosecution's efforts to make the witness available for trial did not constitute due diligence under the law. Appellant was charged with attempted murder and other offenses in connection with a shooting. The victim, Barrera, testified against appellant at the preliminary hearing while he was in county jail on an immigration hold. Following the hearing, he was deported to Mexico and the defense was not informed until the first day of trial. The prosecution investigator, knowing that the deportation was in…

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