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Ceja v. State

May 29, 2009

JUAN CEJA, A/K/A JONATHAN ISRAEL ALMADA, APPELLANT (DEFENDANT),
v.
THE STATE OF WYOMING, APPELLEE (PLAINTIFF).



Appeal from the District Court of Campbell County, The Honorable Michael N. Deegan, Judge.

The opinion of the court was delivered by: Kite, Justice

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

[¶1] Mr. Ceja was convicted of sexual exploitation of a minor by possessing child pornography. He claims the district court erred by refusing to exclude the testimony of the investigating officer who obtained his oral admission to possession of pornographic materials because the State failed to produce the officer's notes of his interview in discovery.

[¶2] Finding no violation of the discovery rules, we affirm.

ISSUE

[¶3] Mr. Ceja presents a single issue on appeal:

I. Did the trial court's misinterpretation of W.R.Cr.P. 16 constitute an abuse of discretion and a denial of a fair trial?

The State presents a similar issue.

FACTS

[¶4]On September 5, 2007, Jose Robledo contacted the Gillette Police Department and reported that his roommate, Juan, was in possession of child pornography. Based upon the information received from Mr. Robledo, officers obtained a warrant to search the residence shared by Juan and Mr. Robledo.

[¶5] When the officers arrived at the residence to execute the search warrant, they encountered a man who identified himself as Jonathan Almada. After informing him of his Miranda rights in English, Detective Gary Owens questioned him about Mr. Robledo's claims. He admitted that he had DVDs containing child pornography and stated that he had child pornography on his computer.

[¶6] The officers arrested Mr. Almada. Once he was in custody, the authorities learned that Jonathan Almada was an alias and his real name was Juan Ceja Castillo. The State charged him with one count of sexual exploitation of a child in violation of Wyo. Stat. Ann. § 6-4-303(b)(iv) and (d) (LexisNexis 2007), for possession of child pornography as defined in § 6-4-303(a)(ii)(B).*fn1 Because Castillo was his mother's middle name, the caption was amended to identify the defendant as Juan Ceja.

[¶7] Mr. Ceja filed a demand for discovery on September 11, 2007. Among other items, he requested:

1. As to the Defendant, disclosure of, and the right to inspect and/or copy, any written confession or inculpatory statement, or the substance of any oral confession or inculpatory statement, and the identity of the person to whom the confession or inculpatory statement was ...


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