People v. Patel

Defendant pled guilty to 1 count of aggravated criminal sexual abuse of a minor. Two years later, Defendant filed a section 2-1401 petition for relief from judgment, seeking vacatur of his guilty plea on the basis of newly discovered evidence that demonstrated his innocence. Just under 2 years from entry of his guilty plea, Defendant received a notarized letter from the alleged victim, who also  gave an evidence deposition, recanting her accusations. Defendant can raise a claim of innocence, in his section 2-1401 petition, on the basis of newly discovered evidence despite his knowing and voluntary guilty plea. The fact that Defendant's claim of innocence was raised in a section 2-1401 petition rather than in a postconviction petition is immaterial. Defendant had no reason to believe that alleged victim would not persist in her statements that she made to law enforcement, to a grand jury, and in a civil suit against Defendant and his employer. Thus, this evidence is appropriate to support Defendant's claim.  (McDADE and DAUGHERITY, concurring.)