People v. Thomas

Defendant pled guilty to being an armed habitual criminal. Court denied Defendant’s motion to withdraw his guilty plea. Court properly denied Defendant’s pro se motion for DNA testing of sawed-off shotgun which victim originally stated (but later recanted) that she had asked acquaintance to hit her with to make it appear that Defendant had battered her. Any result of proposed testing would not have potential to produce evidence that would raise a reasonable probability that Defendant would have been acquitted had he proceeded to trial. (O'BRIEN and SCHMIDT, concurring.)