There was no error in allowing expert opinion testimony from the fingerprint examiner as to the creation of prints by oils and amino acid on the hands, their durability, the contamination of fingerprints, and their destruction by cleaning and wiping. The court found there was a foundation by the fingerprint expert and that it is a matter of discretion which will not be disturbed absent a showing of manifest abuse. The degree of knowledge in this case went more to the weight of the evidence rather than admissibility.
A record which does not contain notice to the defendant about reimbursement of attorney's fees pursuant to Penal Code section 987.8, subdivision (b) requires that the amount be stricken and the matter be remanded for notice and a hearing.© 2011 Darren Chaker. All Rights Reserved.