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PEOPLE v. ANTONIO-ANTIMO

No. 99SC384.

29 P.3d 298 (2000)

The PEOPLE of the State of Colorado, Petitioner, v. Jorge ANTONIO-ANTIMO, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 10, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Peter J. Cannici, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Petitioner.

David S. Kaplan, Colorado State Public Defender, Keyonyu X O'Connell, Deputy State Public Defender, Denver, Colorado, Attorneys for Respondent.

Justice RICE delivered the Opinion of the Court.

This court granted certiorari to address whether a plea must be vacated when a plea agreement results in an illegal sentence being imposed on a defendant.1 We hold that when a legal plea bargain is enforced by means of an illegal sentence, the proper remedy, if possible, is to modify the illegal sentence but permit the valid and enforceable plea...

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