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Name: People v. Walker
Case #: C032956
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/21/2000
Subsequent History: Rev. den. 4/11/01

The Court of Appeal struck the trial court’s order that appellant must submit blood and saliva samples under Penal Code section 296. Because this is an unauthorized sentencing condition, the issue can be raised at any time, and appellant’s failure to object does not preclude appellate review of the issue. Neither the list of qualifying offenses in effect at the time of appellant’s sentencing, nor the list contained in the current version, list robbery, of which appellant was convicted here, as a qualifying offense. Moreover, robbery with the personal infliction of great bodily injury, of which appellant was convicted, is not “similar” to assault and battery, within the meaning of Penal Code section 296.1. Citing People v. Sanchez (1997) 52 Cal.App.4th 997, a case which construed a predecessor provision to section 296, the Court of Appeal concluded that the language “similar” refers to an offense committed in violation of a similar federal law or law of another state. It does not refer to a “similar” offense under California law.