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COFFEY v. SUPERIOR COURT

No. A108693.

29 Cal.Rptr.3d 59 (2005)

129 Cal.App.4th 809

Tariq COFFEY, Petitioner, v. The SUPERIOR COURT of San Francisco County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

As Modified on Denial of Rehearing June 16, 2005.

Attorney(s) appearing for the Case

Jeffrey G. Adachi, Public Defender, Teresa Caffese, Chief Attorney, Christopher F. Gauger, Deputy Public Defender, for Plaintiff and Petitioner.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Enid A. Camps, Supervising Deputy Attorney General, Michael Chamberlain, Deputy Attorney General, for Real Party in Interest.

STEVENS, Acting P.J.

Tariq Coffey (Coffey) seeks a writ of mandate requiring the trial court to order the return of DNA samples taken under the purported authority of Penal Code section 295 et seq. (DNA and Forensic Identification Data Base and Data Bank Act of 1998) (hereafter, the DNA Data Base Act).1 Although he pled guilty to a "wobbler" as a felony and the DNA samples were collected, the charge was subsequently reduced pursuant to...

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