Sanchez v. State

Smith, Judge.

Hernán Villa Sanchez appeals from an order of the superior court of Rockdale County revoking his probation. The trial court determined that Sanchez, an illegal alien, violated two conditions of his probation by remaining within the state of Georgia after being banished from the state and failing to return to his native Mexico as the court had ordered him to do within thirty days of his release. We granted Sanchez’s application for discretionary appeal, and we reverse.

1. The trial court erred both in its original sentence conditioning Sanchez’s probation on banishment from the…