Case Number(s)
S-16-0314
Case Audio
Call Date
Court Number
Sarpy
Case Summary
S-16-0314 State v. Jose Cerritos-Valdez (Appellant)
Sarpy County, Judge David Arterburn
Attorneys: Patrick J. Boylan (Public Defender's Office) (Appellant) --- George R. Love (Assistant Attorney General)
Criminal: Plea: Criminal attempt of a Class I misdemeanor; DUI, .15 or greater
Proceedings below: The court accepted Appellant's plea and found him guilty of the crimes. At sentencing, the court found that probation was not appropriate and a straight sentence must be imposed. He was sentenced to 200 days for attempt with a 30 day sentence for DUI with a one year license revocation.
Issues: The court erred in denying Appellant probation based on its erroneous interpretation that his illegal immigration status prohibited probation.