People v. Newsome

Opinion

POCHÉ, J.

An information charged Aldon Ray Newsome (defendant) with rape (Pen. Code, § 261, subds. (2) & (3)),1 kidnaping (§ 207) and forcible oral copulation (§ 288a, subd. (d)). He pleaded not guilty. Trial by júry resulted in a deadlock. Newsome thereafter moved to dismiss the charges for failure of the prosecution to preserve a semen sample. The trial court granted the motion and dismissed the information. The People appeal.2 We reverse.

Facts

The record of the motion to dismiss and the referee’s hearing and findings supports the recitals of the evidence captioned below.

Chronology

On…