P. v. Smith
The 12 year old victims allegation that her brother in law raped her was corroborated by forensic evidence including three acute tears in her vagina, two of which were bleeding, and DNA evidence taken from defendant Donny Deshawn Smiths penis and boxer shorts. Rejecting the defense that there had been an accidental transfer of the victims genetic material from her vagina to his penis and boxer shorts, the jury convicted defendant of two counts of forcible lewd and lascivious acts upon a child under the age of 14 (Pen. Code, 288, subd. (b)(1)) and one count of forcible rape (Pen. Code, 261, subd. (a)(2)). The Attorney General concedes the abstract of judgment must be corrected. Finding no merit to defendants claim of evidentiary errors, Court order the abstract corrected but affirm in all other respects.
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