People v. Barrera

Defendant appeals by leave granted from a September 15, 2006, circuit court order denying his petition for the release and testing of biological evidence. Because the trial court improperly interpreted MCL 770.16(3)(a) and erred when it denied defendant’s request for biological testing, we reverse and remand for entry of an order granting defendant’s request for DNA testing of biological materials pursuant to MCL 770.16.

I

In October 1990, a jury found defendant guilty of three counts of first-degree criminal sexual conduct, MCL 750.520b(l)(f) (use of force or coercion), and one count of…