State v. Quintero Morelos

¶1 The day following sentencing, the judge decided to reduce the sentence by one day, which prevented the defendant’s federal deportation, because defense counsel failed at the time of the original sentencing to inform the judge that the defendant was subject to deportation. The question presented is whether the judge had discretionary authority to set aside the judgment on the ground of neglect or carelessness of defense counsel. We conclude that he did and we affirm that exercise of discretion.

Schultheis, J.

FACTS

¶ 2 A jury found Ignacio Quintero Morelos guilty of fourth degree assault…