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People v. Price

Case Date: 12/18/2003
Court: 2nd District Appellate
Docket No: 2-01-1291 Rel



No. 2--01--1291


IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT
 

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

v.

JOSEPH PRICE,

          Defendant-Appellant.

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)		 Appeal from the Circuit Court
of Lee County.



No. 95--CF--130

Honorable
John E. Payne,
Judge, Presiding.

JUSTICE BOWMAN delivered the opinion of the court:

Defendant, Joseph Price, appeals from the order of the circuit court of Lee County denyinghis motion pursuant to section 116--3 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS5/116--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 of aggravated criminal sexual assault (720 ILCS5/12--13(a)(1), 12--14(a)(2) (West 1994)) against John Kien. In 1996, a jury convicted defendantof the three counts of aggravated criminal sexual assault against John Kien while defendant and Kienwere inmates at the Dixon Correctional Center. The jury found him not guilty of the two counts ofcriminal sexual assault against David Doll. The trial court sentenced defendant to 35 years'imprisonment on each count, to be served consecutively. We affirmed the judgment. People v. Price,No. 2--97--1289 (1999) (unpublished order under Supreme Court Rule 23).

The evidence presented at trial established that on October 31, 1994, defendant beat andsodomized Kien. The State's first witness was codefendant Richard Lonkert. Lonkert testified thathe and defendant entered Kien's cell and beat him severely for 1