California Court of Appeal

Conviction for kidnapping to commit rape, rape, sexual battery by restraint, and sexual penetration with a foreign object is affirmed over defendant's claims that: 1) the trial court prejudicially erred by allowing introduction of DNA evidence in a cold hit case without a Kelly hearing, and by permitting introduction of DNA evidence obtained with an Identifiler test kit without such a hearing; 2) the collection of his DNA sample violated the Fourth Amendment; 3) the trial court erred in denying a Batson-Wheeler challenge; and 4) the prosecutor committed prejudicial misconduct.

Appellate Information

• Decided 05/27/2008
• Published 05/27/2008

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• John Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Daniel B. Bernstein, Deputy Attorney General, for Plaintiff and Respondent.