Brown
People v. Brown
Opinion
Lead Opinion
Dibiaso, J.
*626 Opinion
The jury found defendant and appellant Frederick Ray Brown guilty of forcible rape (Pen. Code, § 261, subd. (a)(2); count l) 1 and incest (§ 285; count 2). The trial court found true the special allegations that Brown had suffered two prior serious felony convictions within the meaning of section 667, subdivision (a), and the “Three Strikes” law (§ 1170.12), and had served five prior prison terms (§667.5, subd. (b)). Brown was sentenced to 38 years to life in prison.
We affirm the judgment. For no purpose other than to expand the universe of reported decisions that deal with DNA 2 evidence, we publish the portion of this opinion which addresses Brown’s contention the trial court erred by admitting DNA evidence because (a) the database used to calculate the probability of his genetic profile was for various reasons inadequate, and (b) the prosecution failed to call one of the DNA analysts to testify as to her testing procedures.
Discussion
I.
Brown contends the trial court committed reversible error by admitting DNA evidence, which established he could not be excluded as a source of the perpetrator’s DNA. 3 He raises his contentions under the third prong of People…