People v. Gallego

*390Opinion

BUTZ, J.

A jury acquitted defendant Rolando N. Gallego of first degree murder but convicted him of a 1991 second degree murder and found he used a knife to commit it. (Pen. Code, former §§ 187, 12022, subd. (b)(1).)1

Sentenced to a state prison term of 16 years to life, defendant appeals. He contends (1) DNA2 testing should be deemed a constitutionally protected “search,” regardless of the source of the tested material; and, the trial court (2) coerced a guilty verdict after a second deadlock and abused its discretion in denying the release of juror information; (3) erroneously…