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Name: People v. Dial
Case #: A103896
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/23/2005

Appellant was convicted of theft related felonies. On appeal, he complained that the court improperly “ordered” him to provide DNA samples under Penal Code section 296. The appellate court found that his DNA Act challenge could not be reached in this appeal. An order under the DNA act is more akin to an advisement. The Act’s requirements that certain persons give DNA samples are “self-executing” in that they are mandatory and arise without or without a trial court advisement or order. Further “rescinding” the order would not affect the validity of the judgment and sentence from which Dial appeals nor relieve him of the Act’s mandatory requirements. Therefore, there was no need to reach the merits of his challenge.