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PEOPLE v. GARCIA

No. 1-95-4241.

697 N.E.2d 1230 (1998)

298 Ill. App.3d 34

232 Ill.Dec. 300

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Victor GARCIA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

July 14, 1998.

Attorney(s) appearing for the Case

Office of the State Appellate Defender, Michael J. Pelletier, Deputy Defender, Barbara Kamm, Assistant Appellate Defender, Chicago, for Defendant-Appellant.

Richard A. Devine, State's Attorney of Cook County, Chicago (Renee Goldfarb, Joan F. Frazier, of counsel), for Plaintiff-Appellee.

Justice RAKOWSKI delivered the opinion of the court:

Following a jury trial, Victor Garcia was found guilty of aggravated criminal sexual assault. Judgment was entered on the conviction in November of 1993.

In October of 1995, defendant petitioned to set aside the conviction pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1994)). The gist of defendant's claim was that the victim of the assault had sent him letters admitting...

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