Pizarro

Filed 6/13/13 (unmodified version attached)

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F057722

Plaintiff and Respondent, (Madera Super. Ct. No. M8517) v.

MICHAEL ANTONIO PIZARRO, ORDER MODIFYING OPINION

AND DENYING REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 21, 2013, be modified in the following particulars: 1. On page 102, at the end of the partial paragraph ending “perpetrator‟s sample,” the following paragraphs are added: Based on this evidence, the trial court had no reason to find that Myers failed to follow correct scientific procedure. Accordingly, it did not abuse its discretion. 4. Our Concerns Related to Allelic Dropout We recognize that we are not a scientific body, but we are nevertheless concerned, as was defense counsel, that allelic dropout has the potential to falsely incriminate an innocent defendant, which is a serious legal concern, as we explain below. 2. The following sentence is added on page 102 as the first sentence of former part…