State Utah v. Victor Lazcano Gardea

DURHAM, Justice: Defendant Victor Gardea was convicted in the district court of retail theft. He appeals on the ground that the court violated his sixth amendment right to compulsory process by permitting the federal government to deport a material defense witness before trial. We affirm. On September 2, 1983, a Sears, Roebuck & Co. security guard noticed two individuals enter the menswear department of the store carrying a large, gift-wrapped box. The guard watched as one of the individuals (subsequently identified as Mr. Guillermo) held the box open while the other (identified by the guard as defendant) took approximately $287 worth of merchandise from a rack and placed it in the box. At that point, the guard summoned a supervisor. Guillermo left the store carrying the box, and was followed by both the guard and her supervisor. After helping apprehend Guillermo, the guard returned to the menswear department just as defendant was leaving the department. The guard followed defendant out of the store, stopped him, and returned with him to the store.