People v. Grant

Defendant was convicted, after jury trial, of aggravated criminal sexual assault.  Court erred in denying Defendant's motion for forensic testing, as Defendant satisfied each element of Section 116-3 of Code of Criminal Procedure, for posconviction motion for forensic testing. Defendant put the question of identity squarely at issue at trial, as he disputed being the person who committed the crime, and stated at trial that it was victim's brother who committed the crime. (O'BRIEN and McDADE, concurring.)