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PEOPLE v. KLINER

No. 92143.

786 N.E.2d 976 (2002)

203 Ill.2d 402

272 Ill.Dec. 142

The PEOPLE of the State of Illinois, Appellant, v. Ronald KLINER, Appellee.

Supreme Court of Illinois.

Rehearing Denied March 31, 2003.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Assistant Attorney General, Chicago, Renee Goldfarb, William D. Carroll, Assistant State's Attorneys, of counsel), for the People.

Marshall Hartman, Anna Ahronheim, Office of the State Appellate Defender, Chicago, Jed Stone, of Stone & Associates, Waukegan, for appellee.

Justice THOMAS delivered the opinion of the court:

The State has appealed an order of the circuit court of Cook County allowing the motion of defendant, Ronald Kliner, for mitochondrial DNA (mtDNA) testing pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116-3 (West 2000)). For the reasons set forth below, we conclude that the State does not have authority to proceed with this appeal and therefore...

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