People v. Brewer

Opinion

HAERLE, J.

I. Introduction

After he was convicted of grand theft (Pen. Code, § 487), 1 the trial court ordered Robert Brewer to provide blood and saliva samples as a condition of probation. In so doing it relied, as authority for this condition, on section 296.1, subdivisions (c) and (d), of the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (the DNA Act) (§ 295 et seq.). The trial court imposed this requirement on the basis of Brewer’s prior conviction for sexual battery, not his current conviction for grand theft. Brewer argues that the trial court’s reasoning was…