PEOPLE v. HERNANDEZ-CLAVEL

No. 06CA1807.

186 P.3d 96 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cesar HERNANDEZ-CLAVEL, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

February 7, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Corina Gerety, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Chief Judge DAVIDSON.

Defendant, Cesar Hernandez-Clavel, appeals the sentence imposed following the judgment of conviction entered upon his guilty plea to theft by receiving. The issue presented is whether the circumstances relating to defendant's status as an illegal alien subject to deportation were proper considerations in the sentencing court's decision to grant or deny probation. We conclude that they were and, therefore, we affirm.

Pursuant...

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