PEOPLE v. BUTLER

No. S107791

6 Cal.Rptr.3d 730 (2003)

79 P.3d 1036

31 Cal.4th 1119

The PEOPLE, Plaintiff and Respondent, v. Willie Earl BUTLER, Defendant and Appellant.

Supreme Court of California

December 1, 2003


Attorney(s) appearing for the Case

Bradley A. Bristow, Sacramento, under appointment by the Supreme Court; and Ann Hopkins, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Michael J. Weinberger, Ruth M. Saavedra, Patrick J. Whalen, Janet E. Neeley, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.


BROWN, J.

Penal Code section 1202.1 provides that upon conviction of certain sex offenses against minors, a defendant shall be ordered "to submit to a blood ... test for evidence of antibodies to the probable causative agent of acquired immune deficiency syndrome (AIDS)" "if the court finds that there is probable cause to believe that blood, semen, or any other bodily fluid capable of transmitting HIV [human immunodeficiency virus] has been transferred from the defendant...

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