Herman v. State

OPINION

In this appeal, we consider whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution. We also consider whether reading a presentence report to a sentencing jury is error when the report cannot be made part of the public record. We conclude that the DNA evidence was properly admitted and that the presentence report was improperly read to the jury. We affirm Herman’s first-degree murder conviction, but we reverse and remand the matter for a new sentencing phase.

FACTS

A jury convicted appellant Willie…