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PEOPLE v. GHOLSTON

No. 1-95-3749.

697 N.E.2d 375 (1998)

297 Ill. App.3d 415

231 Ill.Dec. 821

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kenneth GHOLSTON, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

June 22, 1998.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Office the State Appellate Defender, Chicago (Alan D. Goldberg, of counsel), for Defendant-Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Celeste Stewart Stack and Joan F. Frazier, of counsel), for Plaintiff-Appellee.

OPINION UPON DENIAL OF REHEARING

Justice O'MARA FROSSARD delivered the opinion of the court:

Defendant Kenneth Gholston filed this appeal of the trial court's dismissal of his petition to compel genetic marker (DNA) testing and his supplemental postconviction petition. Defendant challenges: (1) the trial court's refusal to order DNA testing of a sexual assault victim's Vitullo kit based on his claim of actual innocence, and (2) the trial court's refusal...

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