P. v. Luckett CA1/3
Following a match of his DNA and a “cold case” investigation by the Oakland Police Department, defendant Charles Edward Luckett was charged and convicted of the 1993 murder of the manager of a local Sizzler restaurant. On appeal, defendant’s primary argument is that the court erred in denying his motion to dismiss, or in the alternative exclude key DNA evidence, based on the police department’s loss of additional, untested physical evidence collected at the crime scene and the lengthy pre-accusation delay. We find no basis for reversal on these or any of the additional arguments presented on appeal. Defendant has correctly identified two clerical errors in the abstract of judgement so that we shall affirm the judgment and remand for modification of the abstract of judgment.
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