May 18, 2007
THE PEOPLE OF THE STATE OF ILLINOIS,
Appeal from the
Circuit Court of
Lawrence P. Fox,
JUSTICE O’MARA FROSSARD delivered the opinion of the court:
Latonya Starnes was convicted following a jury trial of the first-degree murder of her
infant son, Bryant, and sentenced to 50 years in prison. Defendant raises five issues on appeal.
Defendant argues she was denied a fair trial because the prosecutor during rebuttal argument said
the defense theory of the case amounted to an accusation of conspiracy against the State’s
witnesses. The defendant contends the jury was improperly instructed on the law as to her
eligibility for an extended-term sentence and her 50-year sentence was excessive. She also seeks
correction of her mittimus to reflect credit for an additional 60 days of time served. Finally,
defendant argues that the required extraction of her blood and storage of her DNA profile violates
her fourth amendment rights. For the reasons set forth below, we affirm.
Shortly after 8:30 p.m. on December 29, 2001, paramedics were called to a home at 5800