State v. Cerritos-Valdez

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State v. Cerritos-Valdez

Case Number
Call Date
November 3, 2016
Court Number
Case Summary

S-16-0314 State v. Jose Cerritos-Valdez (Appellant)

Sarpy County, Judge David Arterburn

Attorneys: Patrick J. Boylan (Public Defender's Office) (Appellant) --- George R. Love (Assistant Attorney General)

Criminal: Plea: Criminal attempt of a Class I misdemeanor; DUI, .15 or greater

Proceedings below: The court accepted Appellant's plea and found him guilty of the crimes. At sentencing, the court found that probation was not appropriate and a straight sentence must be imposed. He was sentenced to 200 days for attempt with a 30 day sentence for DUI with a one year license revocation.

Issues: The court erred in denying Appellant probation based on its erroneous interpretation that his illegal immigration status prohibited probation.