People v. Smith

I. Introduction

Defendant, Terry Smith, appeals from his forcible rape conviction. (Pen. Code, § 261, subd. (a)(2).) The trial court also found that defendant had previously been convicted of two serious felonies (§§ 667, subds. (a)(1), (b)-(i), 1170.12.) Defendant’s sole argument on appeal is that now retired Judge Dino John Fulgoni improperly ruled at the end of a pretrial motion concerning the admissibility of deoxyribonucleic acid evidence that the process of attributing distinct genetic profiles to multiple contributors of mixed source forensic samples is generally accepted in the relevant scientific community. We reject this contention and affirm the judgment.

II. Factual and Procedural Background

A. Evidence Presented at Trial

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) On November 14, 1999, the 66-year-old victim discovered defendant sitting in her living room. The victim recognized defendant as a neighbor’s son.…