Providing Specimens(blood Archives

Categories: etc.), Prop 64 Marijuana, Providing Specimens(blood, Sentencing

Summary

Proposition 64 does not require a defendant's DNA to be expunged from the state's database where defendant was initially charged with a felony. Laird was arrested for felony marijuana charges in May 2014, at which time he provided his DNA…

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Name: In re C.H.

Case #: A146120

Opinion Date: 08/30/2016

Categories: etc.), Prop 47, Providing Specimens(blood, Sentencing

Summary

Following redesignation of juvenile adjudication for felony offense to misdemeanor under Proposition 47 (Pen. Code, § 1170.18), offender was not entitled to have DNA samples expunged from state database. After Proposition 47 passed, C.H. filed a petition to have his…

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Name: In re C.B.

Case #: A146277

Opinion Date: 08/30/2016

Categories: etc.), Prop 47, Providing Specimens(blood, Sentencing

Summary

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Name: In re J.C.

Case #: A146103

Opinion Date: 04/28/2016

Categories: etc.), Prop 47, Providing Specimens(blood, Sentencing

Summary

Minor whose prior offense was reduced to a misdemeanor under Proposition 47 was not entitled to have the record of her DNA expunged. In 2012 the minor admitted an allegation of second degree burglary by shoplifting (Pen. Code, §§ 459/460),…

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Name: Haskell v. Harris

Case #: 10-15152

Opinion Date: 02/23/2012

Categories: Areas Constitutional Law, Civil Rights, etc.), Incident to Lawful Arrest, Providing Specimens(blood, Search & Seizure, Sentencing

Summary

There is no Fourth Amendment violation by a statute authorizing the collection of DNA from arrestees, including those who are not ultimately convicted. Proposition 69, which passed in 2004, expanded DNA testing in California to include those adults arrested for…

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Name: People v. Espana

Case #: G035423

Opinion Date: 02/14/2006

Categories: etc.), Evidence, Providing Specimens(blood, Scientific Evidence, Sentencing

Summary

An offender's request to have his DNA samples removed from a data bank was properly denied in light of an amendment to the applicable Penal Code provisions. In an earlier appeal the court had remanded the defendants case with orders…

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Name: In re Nancy C.

Case #: C048636

Opinion Date: 10/17/2005

Categories: Delinquency (602), Disposition Phase, etc.), Providing Specimens(blood, Sentencing

Summary

The minor was convicted of auto theft in violation of Vehicle Code section 10851, a "wobbler" offense. The court did not declare the offense to be either a felony or misdemeanor. Over the minor's objection, the court also ordered her…

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Name: People v. Dial

Case #: A103896

Opinion Date: 07/23/2005

Categories: etc.), Providing Specimens(blood, Sentencing

Summary

Appellant was convicted of theft related felonies. On appeal, he complained that the court improperly "ordered" him to provide DNA samples under Penal Code section 296. The appellate court found that his DNA Act challenge could not be reached in…

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Name: People v. Coffey

Case #: A108693

Opinion Date: 05/24/2005

Categories: etc.), Providing Specimens(blood, Sentencing

Summary

A defendant convicted of a felony that is reduced to a misdemeanor at sentencing is not entitled to a return of DNA samples. The defendant here pled to a felony violation of Penal Code section 245(a)(1), and was required to…

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Name: People v. Stowell

Case #: S108187

Opinion Date: 12/01/2003

Categories: Appeals, etc.), Providing Specimens(blood, Review Principles, Sentencing

Summary

Absent an objection in the trial court, a defendant forfeits the right to appeal any deficiency in the statutorily-required finding supporting an HIV order pursuant to Penal Code section 1202.1, subdivision (e)(6), and likewise forfeits any challenge to the failure…

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