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PEOPLE v. SAVORY

No. 3-98-0765.

722 N.E.2d 220 (1999)

309 Ill. App.3d 408

242 Ill.Dec. 731

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Johnny Lee SAVORY, Defendant-Appellant.

Appellate Court of Illinois, Third District.

December 17, 1999.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender (Court appointed), Office of the State Appellate Defender, Ottawa, Theodore A. Gottfried, Office of the State Appellate Defender, Springfield, for Johnnie Lee Savory, II.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Justice LYTTON delivered the opinion of the court:

A jury convicted defendant Johnny Lee Savory on two counts of murder. Defendant subsequently filed a motion for scientific testing under section 116-3 of the Code of Criminal Procedure of 1963 (Code)(725 ILCS 5/116-3 (West 1998)). The trial court denied the motion. Defendant appeals, claiming that polymerase chain reaction amplification (PCR) testing, unavailable at the...

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