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Name: People v. Brewer
Case #: A090565
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/23/2001
Subsequent History: None

Under Penal Code section 296.1, subdivisions (c) and (d), of the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (“The DNA Act”), an offender convicted of specified offenses including murder, spousal abuse and specified sex offenses, must submit two specimens of blood and a saliva sample for DNA testing. Therefore, appellant’s condition of probation that he submit DNA samples, following the conviction for a theft offense, was not authorized by this section. However, the error here was harmless because appellant had a prior conviction for sexual battery. Because of that conviction, he was required to register as a sex offender. Under Penal Code section 296.2, subdivision (c), appellant was therefore required to submit DNA samples. Therefore, there was no abuse of discretion in requiring appellant to submit DNA samples, even though the trial court cited incorrect authority for its order.