Barba

Antonio Barba appeals from the judgment entered after a jury convicted him of first degree murder. Our three previous decisions affirmed the judgment after rejecting Barba’s contention that the court erred by admitting certain evidence on DNA findings. In each, the United States Supreme Court granted certiorari and remanded the matter with directions to *715 reconsider our decision in light of that court’s then newest decision concerning whether evidence of forensic laboratory reports violated a defendant’s Sixth Amendment right to confront and examine adverse witnesses when the laboratory personnel who prepared those reports did not testify at trial. After considering the high court’s latest ruling, we once more affirm the judgment.

FACTS AND PROCEDURAL HISTORY

Cabdriver Keum Kim was robbed and stabbed to death by a fare he had driven from Santa Monica to Venice in the early morning hours of July 8, 2001. Kim was dispatched in response to a phone call from a man identifying himself as “Sergio,” who said he needed a ride to Brooks Avenue in Venice and wondered whether the driver might have change for a $50 bill. The murder was witnessed by a man who had stopped his…

I concur in the judgment because People v. Lopez (2012) 55 Cal.4th 569 [ 147 Cal.Rptr.3d 559 , 286 P.3d 469 ] and People v. Dungo (2012) 55 Cal.4th 608 [ 147 Cal.Rptr.3d 527 , 286 P.3d 442 ] require finding the admission of Dr. Reynolds’s testimony did not violate the confrontation clause.

Appellant’s petition for review by the Supreme Court was denied July 24, 2013, S210914. Werdegar, J., did not participate therein.

FACTS AND PROCEDURAL HISTORY1

Cab driver Keum Kim was robbed and stabbed to death by a fare he had driven from Santa Monica to Venice in the early morning hours of July 8, 2001. Kim was dispatched in response to a phone call from a man identifying himself as Sergio who said he needed a ride to Brooks Street in Venice and wondered whether the driver might have change for a $50 bill. The murder was witnessed by a man who had stopped his car behind Kim‟s parked cab at the 800 block of Brooks Street. The witness saw Kim and the passenger struggle and then saw the passenger run from the cab into some nearby bushes. According to the witness, the passenger was wearing a blue, hooded sweatshirt that was covered with blood. However, the witness did not see the passenger clearly and was therefore unable to identify him. A search of the area by the police turned up a bloody kitchen knife and a dark sweatshirt covered with blood. Los Angeles Police Detective Paul Inabu was the primary detective assigned to investigate Kim‟s murder. On July 10, 2001, Inabu requested that the knife and sweatshirt be sent to a crime lab for DNA analysis. Even though no suspect had as yet been identified, Inabu…