California Court of Appeal

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People v. Espana, G035423

An order denying a motion to return DNA samples and to expunge any test results brought by a defendant convicted of second degree robbery is affirmed over defendant's claims of error regarding premature determination of futility, and an ex post facto clause claim.

Appellate Information

  • Decided 03/09/2006
  • Published 03/09/2006

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Richard Schwartzberg, under appointment by the Court of Appeal, Tustin, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.
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