P. v. Garza
A jury convicted defendant Julio Romero Garza of second degree commercial burglary (Pen. Code, 459),[1]forcible oral copulation ( 288a, subd. (c)(2)), two counts of rape ( 261, subd. (a)(2)), and two counts of forcible sodomy ( 286, subd. (c)(2)). The trial court sentenced defendant to the upper term on all counts, which resulted in an aggregate sentence of 40 years in state prison.
On appeal, defendant contends (1) taking a deoxyribonucleic acid (DNA) sample from him pursuant to section 296 violated his Fourth Amendment rights; (2) DNA identification evidence was improperly admitted; (3) the trial court erred in admitting DNA match probability evidence referenced to three racial groups; (4) the court improperly admitted uncharged misconduct evidence; and (5) the courts imposition of the upper term sentence on each count violated his federal constitutional rights. Court reject these contentions and affirm the judgment.
Comments on P. v. Garza