In re V.Y. CA4/3

Filed 8/28/15 In re V.Y. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re V.Y., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G050861 Plaintiff and Respondent, (Super. Ct. No. DL036834) v. OPINION V.Y.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION The sole issue in this appeal is whether a DNA match calculated at one in a trillion is evidence substantial enough to support a conviction beyond a reasonable doubt in a case of auto theft. The DNA in question was collected from the driver’s side air bag after the vehicle was found crashed into a guardrail. Appellant V.Y., who was a minor at the time of trial, appeals from his conviction for auto theft, based on this DNA evidence that he was the driver of the stolen vehicle. His conviction rests on substantial evidence, and we affirm it. FACTS In July 2011, Heidi Cooper’s Toyota truck was stolen from the driveway of her San Clemente home during the night. Cooper’s upstairs neighbor testified that he saw someone drive the truck away at about one in the morning, but because of the darkness and his angle of vision, he could not see faces. He testified there were two people in the truck. It was found soon afterward crashed into a guardrail on the Pacific Coast Highway about two miles from Cooper’s residence. The truck was a total loss. When the truck was discovered by police, the air bags had deployed. The driver’s side air bags were swabbed and tested for DNA. DNA collected from the front air bag matched appellant’s DNA. More precisely, appellant’s DNA “was not excluded” as the DNA found on the air bag. The State’s expert testified that there was a one-in-a- trillion chance that the DNA belonged to someone other than appellant. The world’s current human population is estimated to be seven billion. The trial court was persuaded by the DNA evidence and found appellant guilty of violating Penal Code section 10851, subdivision (a), unlawful taking of a 1 vehicle.