State v. Cerritos-Valdez

Pursuant to a plea agreement, Defendant pled guilty to attempted possession of a controlled substance and driving under the influence. The district court sentenced Defendant to two jail sentences, to be served consecutively. Defendant appealed, arguing that the district court erred in denying him probation based solely on “its erroneous interpretation that his immigration status prohibited probation.” The Supreme Court affirmed, holding (1) the district court relied on more than just Defendant’s undocumented status when imposing sentence; (2) the court properly considered probation but found Defendant to be an inappropriate candidate; and (3) the court did not abuse its discretion in deciding not to place Defendant on probation for his convictions. View "State v. Cerritos-Valdez" on Justia Law