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PEOPLE v. SMITH

No. 1-11-3265.

8 N.E.3d 546 (2014)

2014 IL App (1st) 113265

380 Ill. Dec. 376

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Leshun SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

March 27, 2014.

Attorney(s) appearing for the Case

Michael J. Pelletier, Alan D. Goldberg, Megan E. Ledbetter, State Appellate Defender's Office, Chicago, for appellant.

Anita M. Alvarez, State's Attorney, Chicago (Alan J. Spellberg, Christine Cook, Amy M. Watroba, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice LAVIN delivered the judgment of the court, with opinion.

¶ 1 Defendant, Leshun Smith, appeals from an order of the circuit court of Cook County denying his motion for deoxyribonucleic acid (DNA) testing under section 116-3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/116-3 (West 2010)). He contends that the trial court erred in denying his motion because the testing requested has the potential to produce noncumulative...

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