People v. Gonzales

We were directed by the Supreme Court to reconsider this case in light of In re Michael L. (1985) 39 Cal.3d 81 [ 216 Cal.Rptr. 140 , 702 P.2d 222 ]. Following a different decision, however, California v. Trombetta (1984) 467 U.S. 479 [ 81 L.Ed.2d 413 , 104 S.Ct. 2528 ], we must conclude police failure to preserve an attempted robbery victim’s written description of the perpetrator’s tattoo does not require, as we formerly held, reversal of Joseph Gonzales’ conviction per People v. Hitch (1974) 12 Cal.3d 641 [ 117 Cal.Rptr. 9 , 527 P.2d 361 ] and retrial with an appropriate corrective instruction (People v. Zamora (1980) 28 Cal.3d 88 [ 167 Cal.Rptr. 573 , 615 P.2d 1361 ]).

I

On the afternoon of January 29, 1982, Jose Barrera, a discount gas station cashier in a bullet-proof glass booth, was approached by a Latin male bandit. The robber simulated possession of a pistol in a paper bag, demanded the cash receipts, and threatened to shoot. Barrera, confident of the protective glass, instead copied a description on a sales voucher of the distinctive one-word tattoo, “g-u-i-l-t-y,” he said he observed on the man’s right biceps. The frustrated felon fled.

Barrera called…