In re V.Y. CA4/3

INTRODUCTION

The sole issue in this appeal is whether a DNA match calculated at one in a trillion is evidence substantial enough to support a conviction beyond a reasonable doubt in a case of auto theft. The DNA in question was collected from the driver’s side air bag after the vehicle was found crashed into a guardrail. Appellant V.Y., who was a minor at the time of trial, appeals from his conviction for auto theft, based on this DNA evidence that he was the driver of the stolen vehicle. His conviction rests on substantial evidence, and we affirm it.

FACTS

In July 2011, Heidi Cooper’s Toyota truck was stolen from the driveway of her San Clemente home during the night. Cooper’s upstairs neighbor testified that he saw someone drive the truck away at about one in the morning, but because of the darkness and his angle of vision, he could not see faces. He testified there were two people in the truck. It was found soon afterward crashed into a guardrail on the Pacific Coast Highway about two miles from Cooper’s residence. The truck was a total loss. When the truck was discovered by police, the air bags had deployed. The driver’s side air bags were swabbed and tested for DNA. DNA…