People v. Garcia

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 that she had lied at trial. The trial court denied defendant’s petition without an evidentiary hearing.

Following People v. Hilliard, 65 Ill. App. 3d 642 (1978), and People v. Cole, 215…