Taylor

Defendant, David William Taylor, appeals from a judgment of conviction entered on jury verdicts finding him guilty of three counts of rape (Pen. Code, § 261, subd. (a)(2)), one count of oral copulation (§ 288a, subd. (c)), two counts of attempted oral copulation (§§ 288a, subd. (c), 664), two counts of kidnapping and one count of kidnapping of a victim under the age of fourteen (§§ 207, subd. (a), 208, subd. (b)), with enhancements on all counts for personal use of a knife (§§ 12022, subd. (b), 12022.3), and enhancements for kidnapping with intent to commit the rape and oral copulation counts (§ 667.8, subd. (a)), and upon a finding of true made by the court that he had served a prior prison term (§ 667.5).

On appeal defendant raises two primary claims of error. First, he argues that the trial court erroneously denied his motion for new trial made on the basis that the court should not have admitted deoxyribonucleic acid (DNA) evidence. Specifically he contends the trial court erred in finding the modified ceiling approach for calculating statistical frequencies of a DNA match met the legal standard for reliability of scientific evidence set out in People v. Kelly (1976)…