P. v. Adams
Following a jury trial, defendant Lamel Adams was convicted of first degree residential burglary (Pen. Code, 459),[1]and two counts of forcible oral copulation during a residential burglary ( 288a, subd. (c)(2), 667.61, subds. (d)(4) & (e)(2)). As to one of the oral copulation counts, it was also found true he had personally used a knife during the commission of the offense. ( 667.61, subd. (e)(4), 12022.3, subd. (a)). In bifurcated proceedings, it was also found true defendant had previously been convicted of five serious felonies ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Defendant appeals his current convictions, contending the trial court: (1) prejudicially erred in denying his motion to suppress the DNA results of biological samples taken from him in 1994 as a convicted offender and in 2006 when he was in custody; (2) abused its discretion in refusing his request for a Kelly[2]hearing on the admissibility of the frequency of match statistics in a cold hit; (3) abused its discretion in refusing his request for a Kelly hearing on the matter of whether the scientific community accepts the determination of DNA matches from mixed source DNA samples via the process of subtracting out the victims known profile and calling the remaining profile the suspects and the process of validating the 15 markers by a comparison of the ratios of peak heights between the markers; and, (4) denied defendants due process rights in denying his Kelly Prong Three challenges to the manner in which the DNA mixture was interpreted and the frequency of match statistic was calculated. Court shall affirm.
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