Holmes

Roosevelt Holmes appeals from a judgment after conviction by jury for murder (Pen. Code, §§ 187, subd. (a), 189), 1 first degree residential burglary (§ 459), and first degree residential robbery (§ 211). The jury found true allegations that appellant committed the burglary and robbery counts with infliction of great bodily injury (§ 12022.7, subd. (a)), that he committed each count with personal use of a deadly and dangerous weapon (§ 12022, subd. (b)(1)), and that he suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Appellant admitted that he had served nine prior prison terms. (§ 667.5.) The court sentenced appellant to life in prison without parole.

Appellant contends that his right to confrontation under the Sixth Amendment of the United States Constitution was violated because the testifying DNA experts did not personally perform all of the testing upon which they relied in reaching their opinions. We reject the contention. The forensic analysis relied on by the DNA experts in this case was not “testimonial” under any formulation of that term yet adopted by a majority of the United States Supreme Court justices or by the…