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PEOPLE v. WHEELER

No. 3-98-0998.

777 N.E.2d 961 (2001)

334 Ill. App.3d 273

268 Ill.Dec. 38

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Derrick J. WHEELER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

As Supplemented September 27, 2002.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender (Couriappointed), Office of the State Appellate Defender, Ottawa, for Derrick J. Wheeler.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Jeff Tomczak, Will County State's Attorney, Joliet, Richard T. Leonard, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Presiding Justice HOMER delivered the opinion of the court:

The defendant, Derrick J. Wheeler, was convicted of first degree murder (720 ILCS 5/9-1(a)(1) (West 1996)) in the Will County circuit court. He claims that his convictions should be reversed because (1) he was not proven guilty beyond a reasonable doubt, and (2) the court erroneously admitted evidence from "invisible blood" testing. We remand for a Frye hearing on the "invisible blood" testing procedure...

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