Jimenez

Raymond Luis Jimenez appeals from a judgment of conviction of second degree robbery of a bank teller. He argues, inter alia, that the chain of custody of a reference sample of deoxyribonucleic acid (DNA) that a criminalist compared with DNA found near the crime scene was inadequate and that a prejudicial violation of his constitutional right to due process ensued. We will agree with him, will reverse the judgment, and will order a new trial.

PROCEDURAL BACKGROUND

A jury found Jimenez guilty as charged (Pen. Code, §§ 211, 212.5, subd. (c)) and found true the allegations of a 2005 bank robbery prior as a serious felony prior (§§ 667, subd. (a)(1), 1170.12, subd. (c)) within the scope of the three strikes law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) and of seven circumstances in aggravation (Cal. Rules of Court, rule 4.421(a)(1), (8), (9), (b)(1), (2), (4), (5)). The court imposed an aggregate 15-year sentence (double the aggravated five-year term plus a five-year serious felony prior enhancement). (§§ 213, subd. (a)(2), 667, subd. (e)(1), 1170.12, subd. (c)(1).)

FACTUAL BACKGROUND

On March 16, 2006, a personal banker returning from a lunch break to the bank…