Defendant entered guilty pleas as to home invasion and aggravated criminal sexual assault in one case, and as to home invasion in a separate offense involving a different victim. Court properly dismissed Defendant's postconviction petition. Defendant presented an affidavit of a non-eyewitness, averring that deceased victim had, 13 years prior, previously admitted to misidentifying Defendant and had named another man as the offender. Evidence is not of a character that would support an actual innocence claim. A defendant may bring actual innocence claim after a guilty plea, without challenging validity of the plea. Entire record, including evidence related to offense against other victim, may be considered against allegations in postconviction to determine whether Defendant has not shown a substantial deprivation of constitutional rights to warrant a 3rd-stage evidentiary hearing.(GORDON and ELLIS, concurring.)
Illinois Appellate Court
Criminal Court
Postconviction Petitions