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Name: People v. Smith
Case #: B153102
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/01/2003
Subsequent History: Rev. denied 6/11/03
Summary

The court found that scientific analysis of mixed samples of DNA met the standard of reliability in the scientific community within the meaning of People v. Kelly (1976) 17 Cal.3d 24, such that the court did not err in ruling admissible expert conclusions based on their use in the defendant’s trial on charges of rape. Here the analysis was of a sample consisting of both the DNA from the rapist’s semen and the DNA of the victim. The prosecution’s expert testified that the DNA from the male’s semen was consistent with that of the defendant. The court also held that even had there been error in admitting the evidence, the error was harmless in light of the other evidence presented in the case.