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Name: People v. Espana
Case #: G035423
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/14/2006

An offender’s request to have his DNA samples removed from a data bank was properly denied in light of an amendment to the applicable Penal Code provisions. In an earlier appeal the court had remanded the defendant’s case with orders to strike the order for DNA testing because section 296 did not apply to the offense for which he was convicted. After the remand order, the legislation was changed so that the defendant was subject to its provisions, and the trial court refused to expunge the previous DNA results. The Court of Appeal affirmed, finding no ex post facto violation.