Gallego

*390 Opinion

A jury acquitted defendant Rolando N. Gallego of first degree murder but convicted him of a 1991 second degree murder and found he used a knife to commit it. (Pen. Code, former §§ 187, 12022, subd. (b)(1).) 1

Sentenced to a state prison term of 16 years to life, defendant appeals. He contends (1) DNA 2 testing should be deemed a constitutionally protected “search,” regardless of the source of the tested material; and, the trial court (2) coerced a guilty verdict after a second deadlock and abused its discretion in denying the release of juror information; (3) erroneously instructed on an alleged false statement from him; (4) erroneously admitted hearsay evidence and excluded his polygraph willingness; and (5) erred regarding presentence conduct credit and a parole revocation fine.

We agree with defendant’s last contention regarding presentence conduct credit and the parole revocation fine, but disagree with his remaining claims. Of note, we conclude that a cigarette butt that defendant voluntarily discarded by tossing it onto a public sidewalk, which was then collected and DNA tested by law enforcement only to identify defendant as a suspect in an ongoing criminal…