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PEOPLE v. MONTANO

No. 2-04-0103.

848 N.E.2d 616 (2006)

365 Ill. App.3d 195

302 Ill.Dec. 317

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Aurelio MONTANO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

May 9, 2006.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender (Court-appointed), Office of State Appellate Defender, Elgin, Robert J. Agostinelli and Carrie B Marche (Court-appointed), Office of the State Appellate Defender, Ottawa, for Aurelio Montano.

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BYRNE delivered the opinion of the court:

Following an evidentiary hearing, defendant, Aurelio Montano, appeals from the denial of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)). Defendant, a Mexican national, argues on appeal that he was denied his constitutional right to due process because he was not advised of his right to communicate with consular officials of Mexico upon arrest as guaranteed by...

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