People v. Smith

By information, appellant Frank S. Smith, Jr., was charged with (1) robbery of an inhabited dwelling house (Pen. Code, § 211, former § 213.5); (2) burglary of an inhabited dwelling house (§ 459); and (3) assault with a deadly weapon (§ 245, subd. (a)(1)). Enhancements relating to personal use of a deadly and dangerous weapon and the intentional infliction of great bodily injury were alleged as to each count. (§§ 12022, subd. (b), 12022.7, 1203.075, 1192.7, subd. (c)(23).) Five prior serious felony convictions or prior prison terms were also alleged. (§§ 667, 667.5, subd. (b).) Following a jury trial, appellant was found guilty of each count, and the enhancement allegations were found to be true. The court thereafter found each of the alleged priors to be true. Appellant was sentenced to state prison for a total of 26 years and 4 months.

I.

II. Discussion

A.*

B. Evidentiary Issues

1. Introduction

Appellant makes a lengthy, multi-pronged attack on the admissibility of an expert’s electrophoretic analysis of dried bloodstains found on his shoes, sweat jacket, and some paper towels when compared with the blood of appellant and the victim. First, he contends that the…