People v. Antonio-Antimo

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 defendant to five years probation on the condition that he “cooperate with deportation authorities” and “leave this country and not return…