No. S044870.

74 Cal.Rptr.2d 262 (1998)

18 Cal.4th 47

954 P.2d 525

The PEOPLE, Plaintiff and Respondent, v. Sergio VENEGAS, Defendant and Appellant.

Supreme Court of California.

May 11, 1998.

Attorney(s) appearing for the Case

Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, Valerie Hriciga, Deputy State Public Defender, and Donnalee H. Huffman, Bakersfield, for Defendant and Appellant.

Linda Robertson, San Francisco, Alan Crivaro, Huntington Beach, and John W. Lawrence, Montague, as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Doris A. Calandra, Frederick R. Millar, Jr., and Jo Graves, Deputy Attorneys General, for Plaintiff and Respondent.

Thomas J. Orloff, District Attorney (Alameda), Rockne P. Harmon, Deputy District Attorney, Kent S. Scheidegger, Charles L. Hobson, Lepper, Schaefer & Harrington, Gary M. Lepper, Sacramento, Keith E. Petersen Inman and Matthew P. Harrington, Walnut Creek, as Amici Curiae on behalf of Plaintiff and Respondent.


BAXTER, Justice.

Defendant was convicted of rape by a jury that heard incriminating evidence based on forensic analysis of deoxyribonucleic acid (DNA). The prosecution's evidence indicated (1) that defendant's DNA profile matched the DNA profile of semen recovered from the victim's body and from bedding at the crime scene, and (2) that the probability of a match between those DNA profiles and the profile of a person chosen...

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