Borden v. Eddie Lee Young and Deborah Young

Martinez appeals from his judgment and sentences imposed after a jury trial which found him guilty of sexual battery by threat of using a deadly weapon,{/Cite} and burglary of a dwelling with an assault.{/Cite} He claims the trial court erred in ruling admissible statistical data to show the probability of matching Martinezs DNA configuration with DNA material recovered from clothing of the victim of the crime. Defense counsel argued that the experts testimony was so overwhelming -- one out of 234 billion -- that if believed by the jury, it would establish Martinezs identity as the rapist beyond a reasonable doubt, and invade the province of the jury as the ultimate finder of facts. We disagree and affirm.