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Name: Jointer v. Superior Court of Orange County
Case #: G047824
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/28/2013

Trial court abused its discretion in denying a Penal Code section 1405 motion for postconviction DNA testing because, assuming the test came back favorable for the defendant, there is a reasonable probability of a more favorable verdict. Appellant was convicted of second degree robbery with a firearm enhancement after evidence linked him to the robbery of a grocery store supervisor. As a result of prior strike convictions, he was sentenced to 34 years to life in state prison. A critical item of evidence offered by the prosecution was a water bottle bearing appellant's fingerprints that the perpetrator drank from. A…

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