Dial

Christopher Lee Dial appeals following a combined sentencing in two cases tried together—one (Alameda County Super. Ct. No. 144478) where he admitted prior felonies and a jury found him guilty of receiving stolen property (Pen. Code, § 496, subd. (a) ), and the other (Alameda County Super. Ct. No. 139587) where probation was revoked based on the same conduct. Dial claims that the court at sentencing improperly ordered him to comply with the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended (the DNA Act) (§ 295 et seq.), in violation of his Fourth Amendment rights. We agree with the People that his claim is not cognizable but that the cause must be remanded for resentencing due to unauthorized and conflicting aspects of the sentence.

Background

Discussion

I. Issues Presented

Dial complains that the court “ordered” him to provide DNA samples under section 296 and that taking such samples under that section violates his “rights under the Fourth Amendment to be free of unreasonable governmental intrusion.” On the merits, he concedes that all three published California cases to have considered such challenges have rejected them (People v. Adams…