Jointer

In 1998, a jury convicted defendant Michael Anthony Jointer of second degree robbery with an enhancement for the personal use of a firearm. He had one prior serious felony conviction and five prior strike convictions. Defendant was sentenced to an indeterminate term of 34 years to life in state prison.

In September of 2012 defendant filed a motion pursuant to Penal Code section 1405 seeking DNA testing of a bottle of water that was left at the scene of the crime. The court denied the motion. Defendant petitions for a writ of mandate ordering the trial court to grant the motion. We conclude defendant satisfied the elements of section 1405 and the court abused its discretion in holding there was no “reasonable probability” the verdict would be more favorable had the DNA testing been performed. Accordingly, we grant the petition.

FACTS

On April 8, 1997, a grocery store was robbed. The robber was a Black man, with a large build, dressed in all black, with a black cowboy hat. He approached a check stand where the manager was working and purchased a bottle of water. After purchasing the bottle, the robber took a drink. The robber then walked over to the customer service desk…