Wallace

I. Introduction

Jeffrey Allen Wallace appeals from a judgment of conviction for multiple sex offenses. The primary issues are (1) whether the court should have excluded deoxyribonucleic acid (DNA) analysis evidence, and (2) whether the court should have instructed the jury that an element of the five-year enhancement for infliction of great bodily injury in the commission of certain sex offenses (Pen. Code, § 12022.8) is the specific intent to inflict such injury.

Pursuant to our opinion in People v. Barney (1992) 8 Cal.App.4th 798 [ 10 Cal.Rptr.2d 731 ], we conclude the trial court erred in admitting the DNA evidence, but we find the error was harmless in light of other overwhelming evidence of Wallace’s guilt. We also hold there was no instructional error because specific intent to inflict great bodily injury is not an element of the five-year enhancement.

II. Facts and Procedure

Wallace committed a series of violent sexual assaults upon seven women on four separate dates in 1988 and 1989. In each incident he used plastic “flex-tie” cuffs to bind his victims and then committed multiple acts of rape, forcible oral copulation, or rape with a foreign object. The incidents…