Wright

People v. Wright

Good Law
1998 Cal. App. LEXIS 199·62 Cal. App. 4th 31·72 Cal. Rptr. 2d 246·98 Daily Journal DAR 2547·98 Cal. Daily Op. Serv. 1832
Court of Appeal of CaliforniaFebruary 25, 1998A068667California4,830 words

Opinion

Opinion

Peterson, J.

Appellant Scott Allan Wright was convicted on multiple counts of rape, attempted rape, sexual battery and assault, burglary, and kidnapping involving two victims: a young girl attacked on her way home from a bus stop, and a woman who had just returned to her own home in appellant’s neighborhood after work. Appellant primarily contends the trial court erred in finding admissible certain deoxyribonucleic acid (DNA) evidence, which was derived using the polymerase chain reaction (PCR) matching technique, linking appellant to the crimes.

We find no error because we conclude, as did Division Two of the First Appellate District in People v. Morganti (1996) 43 Cal.App.4th 643, 671 [ 50 Cal.Rptr.2d 837 ] (Morganti), that the DNA evidence in this case, derived from the PCR matching technique, satisfied the standard for general scientific acceptance and admissibility stated in People v. Kelly (1976) 17 Cal.3d 24, 30-32 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ] (Kelly) and Frye v. United States (D.C. Cir. 1923) 293 Fed. 1013, 1014 [ 54 App.D.C. 46 , 34 A.L.R. 145 ] (Frye). We also conclude the arguable potential problems with DNA evidence derived from the different technique of…

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