People v. Najera

Defendant, Mario Najera, Jr., pleaded guilty to criminal sexual abuse (720 ILCS 5/12 — 15(c) (West 2002)). Defendant filed a petition pursuant to section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2004)) to vacate his conviction. The trial court denied the petition and defendant appeals. Defendant contends that his conviction was void because the authorities did not comply with article 36 of the Vienna Convention on Consular Relations (Vienna Convention). Because there is generally no judicial remedy for a Vienna Convention violation, and defendant procedurally…