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PEOPLE v. FISHBACK

No. 90CA0936.

829 P.2d 489 (1991)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jeffrey FISHBACK, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 9, 1992.

Certiorari Granted May 11, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert Mark Russel, First Asst. Atty. Gen., Deborah Isenberg Pratt, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Richard F. Thurston, (Solomon L. Leftin, on the brief) Denver, for defendant-appellant.

Opinion by Judge NEY.

Defendant, Jeffrey Fishback, appeals the trial court's judgment, entered on a jury verdict, convicting him of first degree sexual assault, second degree burglary, and mandatory sentence violent crime. His appeal presents an issue of first impression: Whether identification testimony premised on comparison testing of DNA (deoxyribonucleic acid) obtained from defendant is admissible. Because we find such testimony is admissible if a proper foundation...

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