P. v. Wimberly
Defendant was convicted by a jury of two counts of rape (Pen. Code, S 261, subd. (a)(2)) and one count of kidnapping to commit rape (Pen. Code, S 209, subd. (b)(1)) primarily on the strength of deoxyribonucleic acid (DNA) evidence. He was sentenced under the three strikes law to an aggregate, indeterminate term in state prison of 150 years to life.
Defendant was first identified as a suspect through a search of a convicted offender DNA database that contained a profile of defendant's DNA taken in connection with an unrelated matter. Defendant contends on appeal the earlier seizure of his DNA violated his Fourth Amendment rights. Defendant further contends statistical data regarding the probability of a random DNA match was improperly admitted. Finally, defendant contends the trial court abused its discretion in admitting evidence of a prior uncharged offense. Court find no error and affirm the judgment.
Comments on P. v. Wimberly