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Name: People v. Her
Case #: C069153
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/14/2013
Summary

DNA nonexclusion evidence is relevant and admissible in the absence of supporting statistical evidence regarding the percentage of the population that could be excluded. At the scene of a murder, police collected blood that was tested for DNA evidence. A partial DNA match to defendant was admitted at trial over objection. Her was convicted of murder with special circumstances. On appeal, Her claimed the trial court erred in admitting expert testimony regarding a partial DNA profile because without supporting statistical evidence, the testimony was irrelevant. Held: Affirmed. The expert testified that a partial DNA profile found in mixed-source samples at the murder scene was consistent with Her’s profile, meaning he could not be excluded as a contributor. The testimony was not accompanied by statistical evidence regarding the percentage of the population that could be excluded. This was relevant circumstantial evidence of the perpetrator’s identity. The weight to be accorded the evidence was up to the jury.