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PEOPLE v. LOVE

No. 2-98-1110.

727 N.E.2d 680 (2000)

312 Ill. App.3d 424

245 Ill.Dec. 233

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John E. LOVE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 6, 2000.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Lawrence D. Wechter (Court-appointed), Law Office of Larry Wechter, Batavia, for John E. Love.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, Jane M. Brennan, Naperville, for the People.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, John E. Love, appeals the trial court's denial of his motion for forensic testing not available at trial (see 725 ILCS 5/116-3 (West 1998)). He contends that, in presenting his motion, he was denied "a reasonable level of assistance of counsel." We affirm.

In May 1988 defendant was convicted of two counts of home invasion (Ill.Rev.Stat. 1987, ch. 38, par. 12-11 (now 720 ILCS 5/12-11 (West 1998...

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