Conviction of defendant for five felony sexual offenses against the same victim is affirmed where: 1) in cases in which the warrant identifies the perpetrator by his or her unique DNA profile only, the statute of limitations is satisfied if the prosecution is commenced by the filing of the "John Doe" arrest warrant within the limitations period; 2) and although the defendant's blood was mistakenly collected under the Data Bank Act, the law enforcement personnel errors in the case do not trigger the exclusionary rule.
Filed January 25, 2010
Opinion by Judge Chin
For Appellant: Cara DeVito
For Appellee: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler and Michael P. Farrell, Assistant Attorneys General, Michael Chamberlain, Stephanie A. Mitchell, Doris A. Calandra and Enid A. Camps, Deputy Attorneys General