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Name: In re Kinnamon
Case #: B182713
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/11/2005

A prisoner is entitled to have counsel appointed to prepare a motion requesting DNA testing. Under Penal Code section 1405, a person convicted of a felony who is currently serving a term of imprisonment is entitled to file a motion for DNA testing. That section originally required the court to appoint counsel for an indigent defendant after the filing of such a motion. The statute was amended in 2001, however, to require the court to appoint counsel prior to preparation of the motion, upon the prisoner’s written request. Because it was undisputed that the prisoner here had filed a request meeting the statutory requirements, and that he was indigent, the court erred in refusing to appoint counsel to prepare the motion.