Illinois Appellate Court
Criminal Court
DNA Evidence
Defendant, who was serving a 60-year sentence for 1st degree murder of his wife, pro se filed a motion for DNA testing.Defendant fails to show that identity was an issue in the case. Defendant testified in his own defense at trial and did not deny killing his wife.Thus, Defendant failed to state a prima facie case for further forensic testing under Section 116-3 of Code of Criminal Procedure, and court correctly granted State's motion to dismiss. (KNECHT and CAVANAGH, concurring.)