Petition for a writ of mandate to dismiss defendant's rape and other related charges as barred by statute of limitations is denied where: 1) the plain language of section 803(g)(1) of the Penal Code requires more than an initial match or positive identification of a suspect's DNA with crime scene evidence; and 2) the legislative history supports the conclusion that the one-year limitations period is not triggered by an initial match or link.
Filed September 8, 2009
Opinion by Judge Perluss
For Appellant: Omari Bakari
For Respondent: Steve Cooley, District Attorney, Lael Rubin, Head Deputy District Attorney, Phyllis C. Asayama and Tracy Lopez, Deputy District Attorneys