Petition for a writ of mandate to dismiss defendant's rape and other related charges as barred by statute of limitations is denied where: 1) the plain language of section 803(g)(1) of the Penal Code requires more than an initial match or positive identification of a suspect's DNA with crime scene evidence; and 2) the legislative history supports the conclusion that the one-year limitations period is not triggered by an initial match or link.      

Read Birotte v. Superior Court, No. B213606

Appellate Information

Filed September 8, 2009

Judges

Opinion by Judge Perluss

Counsel

For Appellant:  Omari Bakari 

For Respondent:  Steve Cooley, District Attorney, Lael Rubin, Head Deputy District Attorney, Phyllis C. Asayama and Tracy Lopez, Deputy District Attorneys