Commonwealth v. Adonis Carvajal

Summary

The court upheld the order compelling a postindictment buccal swab because it was supported by probable cause based on evidence independent of an earlier unlawful DNA collection. It held that the jury instructions on serious bodily injury were legally adequate, but vacated the aggravated rape conviction because the general verdict could have rested on two aggravating theories unsupported by sufficient evidence. The case was remanded for sentencing on the lesser included offense of rape or a retrial limited to the supported underlying-felony theory.