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Name: People v. Butler
Case #: S107791
Court: CA Supreme Court
District CalSup
Opinion Date: 12/01/2003
Subsequent History: None

A defendant may challenge the sufficiency of the evidence to support a probable cause finding under Penal Code section 1202.1, subdivision (e)(6), even in the absence of a timely objection. In this companion case to People v. Stowell, the court applied the general principle of appellate review that exempts a sufficiency of the evidence challenge from the general rule requiring a timely objection. The court rejected the Attorney General’s claim that the issue was moot, noting that the HIV testing itself was not the only consequence of a testing order, since the results of the test could be…

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Name: People v. Hall
Case #: F036711
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/05/2002
Subsequent History: none

Appellant was convicted of felony assault on a public official, a third strike offense. During the offense, appellant’s sweat came in contact with the victim officers. During the trial, appellant also repeatedly spat on the investigating officer and the prosecutor. He told them that he had AIDS and that they would die with him. Appellant was sentenced to 27 years to life, and it was ordered that he be tested for communicable diseases, including AIDS. No objection to the order was made at sentencing. Here, the appellate court affirmed the order, finding…

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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…

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Name: People v. King
Case #: A079943
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/14/2000
Subsequent History: Review denied 11/29/00*

Former Penal Code section 290.2, as in effect in 1991, required persons convicted of specified sex offenses, and who were discharged or paroled from a state prison, county jail or other institution, to provide two specimens of blood and saliva. These samples were then to be submitted to the Department of Justice to perform a DNA analysis to be used only for law enforcement purposes. Appellant was convicted of a qualifying crime and required to provide the samples. The Court of Appeal rejected appellant's claim that this procedure violates his Fourth Amendment rights. Here, appellant claimed…

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