People v. Garcia

Second Division

July 14, 1998

No. 1-95-4241

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the) Circuit Court of

Plaintiff-Appellee, ) Cook County.)

v. ))

VICTOR GARCIA, ) Honorable) Edward Fiala,

Defendant-Appellant. ) Judge Presiding.

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…