People v. Superior Court of San Diego Cnty.

Good Law
239 Cal. Rptr. 3d 71·28 Cal. App. 5th 223
Court of Appeal of CaliforniaOctober 17, 2018D073943California7,384 words

Opinion

Lead Opinion

Dato, J.

*227 In this writ proceeding, the People seek relief from a discovery order requiring them to produce certain materials related to DNA testing in a criminal action. With respect to the four categories of evidence at issue, three separate grounds for relief are pursued. We find each has merit. Accordingly, we grant the relief requested by the People in full.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Florencio Jose Dominguez stands accused of conspiracy to commit murder. 1 (See Pen. Code, §§ 182, subd. (a), 187.) 2 For the purposes of this writ proceeding, one piece of evidence expected to be introduced at his upcoming trial is central: results from DNA testing conducted on a pair of blood-soaked gloves found near the scene of the crime.

No one disputes that DNA testing established the blood on the gloves' exterior to be that of victim. DNA on swabs from the gloves' interior, however, could not be tied to a single source. Rather, those swabs yielded a low template DNA mixture with multiple contributors. (See *74 People v. Lazarus (2015) 238 Cal.App.4th 734 , 784, fn. 51, 190 Cal.Rptr.3d 195 [" 'Low template' DNA testing ... refers to testing performed on 'amounts of DNA *228…

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