Failing to consider Probation in sentencing because of Defendant's undocumented status results i
Issue: "whether an undocumented immigrant must be sentenced to a period of incarceration rather than to a term of probation because the continuing violation of federal immigration laws would constitute an automatic violation of the standard conditions of probation." Pp. 1. The defendant is an undocumented immigrant. The issue in this case stems from the plea proceedings in his criminal matter. The defendant here was charged with aggravated DWI, DWI and aggravated unlicensed o