Birotte v. Super. Ct. 9/8/09 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B213606

Case Date: 12/02/2009

Preview:Filed 9/8/09

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

LORENZO BIROTTE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest.

No. B213606 (Los Angeles County Super. Ct. No. BA295261)

ORIGINAL PROCEEDING; application for writ of mandate. Drew E. Edwards, Judge. Petition denied. Omar Bakari for Petitioner. No appearance for Respondent. Steve Cooley, District Attorney, Lael Rubin, Head Deputy District Attorney, Phyllis C. Asayama and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest. _______________________

Lorenzo Birotte was charged with rape, forcible oral copulation and forcible sodomy more than 10 years after the crimes were committed and more than one year after a report first identified him by name as a suspect based on deoxyribonucleic acid (DNA) testing. The statute of limitations for the crimes charged is ordinarily 10 years. (Pen. Code,

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