People v. Hockenberry

The defendant, Richard E Hockenberry, Sr., appeals from the order of the circuit court of McHenry County denying his motion pursuant to section 116 — 3 of the Code of Criminal Procedure of 1963 (725 ILCS 5/116 — 3 (West 1998)) for forensic testing not available at trial.

In 1988, the defendant was charged with aggravated criminal sexual assault of his ex-wife (Ill. Rev. Stat. 1987, ch. 38, par. 12— 14(a)(2) (now 720 ILCS 5/12 — 14(a)(2) (West 1998))) and home invasion (111. Rev. Stat. 1987, ch. 38, par. 12 — 11(a)(2) (now 720 ILCS 5/12 — 11(a)(2) (West 1998))). At trial, the defendant…