People v. Antonio-Antimo

This court granted certiorari to address whether a plea must be vacated when a plea agreement results in an illegal sentence being imposed on a defendant. 1 We hold that when a legal plea bargain is enforced by means of an illegal sentence, the proper remedy, if possible, is to modify the illegal sentence but permit the valid and enforceable plea agreement to stand.

I. Facts and Procedural History

Respondent, Jorge Antonio-Antimo, was charged with unlawful sale of a schedule II controlled substance and possession of a schedule II controlled substance. See § 18-18-405(2)(a)(I), 6 C.R.S. (1999).…