People v. Gholston

Defendant Kenneth Gholston filed this appeal of the trial court’s dismissal of his petition to compel genetic marker (DNA) testing and his supplemental postconviction petition. Defendant challenges: (1) the trial court’s refusal to order DNA testing of a sexual assault victim’s Vitullo kit based on his claim of actual innocence, and (2) the trial court’s refusal to correct defendant’s mittimus.

Following a jury trial, defendant was found guilty of various sexual offenses, robbery, aggravated battery and conspiracy to commit robbery stemming from the sexual assault of a 15-year-old girl and an…