Axell

—The issue presented is one of first impression in this state: does DNA typing evidence meet the legal requirements for admissibility of novel scientific evidence and, if so, whether the basis for the calculation of statistical probability employed by the testing laboratory, Cellmark in this case, satisfied the foundation requirements of People v. Collins (1968) 68 Cal.2d 319 [ 66 Cal.Rptr. 497 , 438 P.2d 33 , 36 A.L.R.3d 1176 ]. We answer both questions in the affirmative.

Lynda Patricia Axell appeals from a judgment of conviction of first degree murder (Pen. Code, § 187, subd. (a)) and attempted robbery (Pen. Code, §§ 664/211) after court trial. She challenges the court’s ruling on admissibility of DNA testing results, alleges she was deprived of due process by admission of this evidence, and attacks her conviction as lacking substantial evidentiary support.

Following a preliminary hearing at which appellant was held to answer, the Ventura County Superior Court held lengthy hearings between March and August of 1989, to determine the admissibility of DNA testing results. The court ruled that the results of the DNA testing procedures, as well as statistics of…