Behrens v. State

Appellant was convicted of armed sexual battery and burglary of a dwelling with battery, based on DNA evidence. He argues that the court erred in admitting the evidence because the state did not establish a chain of custody. We affirm.

The officer who took the DNA sample from appellant testified that he had collected two DNA swabs, one from the left side of appellant’s mouth and one from the right side. The evidence was attached to a property receipt containing appellant’s name. After the DNA was tested, the evidence was attached to a 3 x 5 index card on which the name was Ernest Beh-rens…