State v. Paez-Lopez

Defendant appeals from a judgment revoking his probation and sentencing him to 16 months’ imprisonment. We conclude that the trial court abused its discretion in revoking defendant’s probation and reverse.

Defendant, a foreign national, was arrested in September 1995 and charged with possession and delivery of a controlled substance. He pleaded guilty to the delivery charge and was sentenced to 36 months’ probation. As a condition of that probation, defendant was prohibited from remaining in or reentering the United States illegally. On August 1, 1996, defendant was deported. In March 1997,…