Superior Court Judge Matias Contreras denied a motion to delay the trial of Blake Mostrong, the El Centro man charged with involuntary manslaughter in the Oct. 7 death of an Alpine girl.
Jury selection will start May 29.
El Centro-area attorney Robert Espinosa, representing Mostrong, filed a motion to have the trial delayed over concern prosecutors have DNA-related evidence that had not been shared with him.
Espinosa argued he had a right to see such evidence. The delay he sought was to give him time to review such evidence.
During the hearing Deputy District Attorney Wayne Robinson announced he would not use the DNA evidence.
Espinosa said based on that, he most likely will not file a writ of mandate to appeal Contreras' decision.
Espinosa said he will focus his attention on preparing for the May 29 start of jury selection.
He said he is comfortable with the trial moving forward, but he added he would like to have more information on the DNA evidence.