People v. Montano

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 the Vienna Convention on Consular Relations, opened for signature April 24, 1963, art. 36, 21 U.S.T. 77, 596 U.N.T.S. 261 (Vienna Convention). Defendant claims that such a right is an…