PEOPLE v. PRICE

No. 2-01-1291.

801 N.E.2d 1187 (2003)

345 Ill. App.3d 129

280 Ill.Dec. 242

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph PRICE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 18, 2003.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Joseph Price.

Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for the People.


Justice BOWMAN delivered the opinion of the court:

Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denying his motion pursuant to section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2000)) for forensic testing not available at trial. We reverse and remand.

Defendant was charged with two counts of criminal sexual assault (720 ILCS 5/12-13(a)(1) (West 1994)) against David Doll and three counts...

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