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Name: People v. Brown
Case #: F034208
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/14/2001
Subsequent History: Review Denied November 14, 2001

The trial court did not err when it admitted DNA evidence which established that appellant could not be excluded as a source of semen found on the victim of a forcible rape. The use of the Cellmark African American database and calculations of genotypic frequencies derived from that database were correct and accepted procedures under the third prong of People v. Kelly (1976) 17 Cal.3d 24. Further, the prosecution established that the DNA analysis was conducted in a proper and acceptable manner, despite the fact that only one of the two Cellmark DNA scientists who performed the analysis was called to testify. The finding of admissibility was amply supported by substantial uncontroverted evidence.