PEOPLE v. AXELL

Docket No. B046327.

235 Cal.App.3d 836 (1991)

1 Cal. Rptr.2d 411

THE PEOPLE, Plaintiff and Respondent, v. LYNDA PATRICIA AXELL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

October 29, 1991.


Attorney(s) appearing for the Case

COUNSEL

Sharon M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Edward T. Fogel, Jr., Assistant Attorney General, Frederick R. Millar, Jr., Robert M. Snider and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

STONE (S.J.), P.J.

The issue presented is one of first impression in this state: does DNA typing evidence meet the legal requirements for admissibility of novel scientific evidence and, if so, whether the basis for the calculation of statistical probability employed by the testing laboratory, Cellmark in this case, satisfied the foundation requirements of People v.

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