California Court of Appeal

Petition for a writ of mandate to dismiss defendant's rape and other related charges as barred by statute of limitations is denied where: 1) the plain language of section 803(g)(1) of the Penal Code requires more than an initial match or positive identification of a suspect's DNA with crime scene evidence; and 2) the legislative history supports the conclusion that the one-year limitations period is not triggered by an initial match or link.

Appellate Information

• Decided 09/08/2009
• Published 09/08/2009

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Omar Bakari, Inglewood, for Petitioner., Steve Cooley, District Attorney, Lael Rubin, Head Deputy District Attorney, Phyllis C. Asayama and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.