Casas

I

Defendant Ovidio Casas appeals from a judgment of conviction following a jury verdict finding him guilty of a violation of Penal Code section 261, subdivision (2) (forcible rape). Defendant was sentenced to three years in state prison. On appeal, he contends the judgment should be reversed on either of two grounds: (1) his due process rights were violated by a police officer’s destruction of notes taken during investigation of the crime and (2) the trial court erroneously precluded defendant from introducing evidence of the victim’s prior statement concerning sexual conduct.

Statement of Facts

The Prosecution’s Case

Celia D. and Maria S., who had known each other for about six months, were residing illegally in the United States. On May 27, 1983, they spent the evening dancing at El Cachinilla Bar. About 1 a.m., the two women went to Ms. S.’s room in a residential hotel. A number of illegal aliens lived in the hotel located above the bar. Ms. D. intended to wait in the room until Ms. S.’s daughter came to take her home. While she waited, she took off her shoes and jacket and put them with her purse on Ms. S.’s bed. The door to Ms. S.’s room was open.

About five…