PEOPLE v. ANTONIO-ANTIMO

No. 97CA1536.

988 P.2d 655 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jorge ANTONIO-ANTIMO, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 15, 1999.

Certiorari Granted November 1, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Peter J. Cannici, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, John T. Carlson, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge RULAND.

Defendant, Jorge Antonio-Antimo, appeals the denial of his Crim. P. 35(c) motion for post-conviction relief. We reverse and remand for further proceedings.

Pursuant to a plea agreement, defendant, a Mexican national, pled guilty to one count of unlawful sale of a schedule II controlled substance. The plea agreement provided that defendant would not be sentenced to jail, and that he would be deported.

The trial court then sentenced...

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