Commonwealth v. Wellington

HOFFMAN, Judge:

Appellant, a resident alien, contends in this appeal from a denial of a PCHA 1 petition, that the trial court erred, or, alternatively, that counsel was ineffective, in failing to advise her that pleading guilty to retail theft, second offense, could render her subject to deportation. We conclude that the trial court did not err, but that counsel was ineffective in failing to so advise her. Accordingly, we reverse the PCHA court, allow appellant to withdraw her plea, and remand for further proceedings consistent with this opinion.

Appellant is a resident alien and a citizen of…