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BIROTTE v. SUPERIOR COURT

No. B213606.

177 Cal.App.4th 559 (2009)

LORENZO BIROTTE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Seven.

September 8, 2009.

Attorney(s) appearing for the Case

Omar Bakari for Petitioner.

No appearance for Respondent.

Steve Cooley, District Attorney, Lael Rubin, Head Deputy District Attorney, Phyllis C. Asayama and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest.

OPINION

PERLUSS, P. J.—

Lorenzo Birotte was charged with rape, forcible oral copulation and forcible sodomy more than 10 years after the crimes were committed and more than one year after a report first identified him by name as a suspect based on deoxyribonucleic acid (DNA) testing. The statute of limitations for the crimes charged is ordinarily 10 years. (Pen. Code, § 801.1, subd. (b).)1 However, section...

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