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PEOPLE v. VARGHESE

No. D048456.

76 Cal.Rptr.3d 449 (2008)

162 Cal.App.4th 1084

The PEOPLE, Plaintiff and Respondent, v. Parakkamannil Koshy Bilji VARGHESE, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

May 8, 2008.

Attorney(s) appearing for the Case

George L. Schraer, San Diego, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch, Gil Gonzalez and Lynne McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.

BENKE, Acting P.J.

Parakkamannil Koshy Bilji Varghese was convicted of first degree murder with a true finding he used a deadly weapon within the meaning of Penal Code1 section 12022, subdivision (b)(1). He was sentenced to a prison term of 26 years to life. Varghese appeals, arguing the trial court erred in refusing to allow independent DNA testing of a blood stain and that the trial court erred in refusing to suppress certain evidence...

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