People v. Garcia

697 N.E.2d 1230, 298 Ill. App. 3d 34, 232 Ill. Dec. 300, 1998 Ill. App. LEXIS 477

Opinions

JUSTICE RAKOWSKI

delivered the opinion of the court:

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 Ill. App. 3d 585 (1991), this court affirmed the trial court’s dismissal in an unpublished decision. People v. Garcia, 293 Ill. App. 3d 1128 (1997) (unpublished order under Supreme Court Rule 23).

On March 9, 1998, the Illinois Supreme Court entered a supervisory order directing this court to vacate its judgment and remand the case to the trial court for an evidentiary hearing.

Pursuant to that mandate, we hereby vacate our judgment in case No. 1 — 95—4241 and remand this cause to the trial court with instructions to conduct an evidentiary hearing.

Judgment vacated; remanded with instructions.

TULLY, J., concurs.