People v. Gonzalez

Justices Zenoff and Burke concurred in the judgment and opinion.

OPINION

The defendant, Lorenzo Gonzalez, appeals from the December 28, 2008, order of the circuit court of Kane County denying his postconviction petition following an evidentiary hearing. On appeal, the defendant argues that he is entitled to a new trial based on newly discovered evidence of his actual innocence. Alternatively, the defendant argues that he is entitled to a new trial because trial counsel was ineffective in failing to call an alibi witness to testify at trial. We affirm.

BACKGROUND

On July 16, 1996, the defendant,…