Commonwealth v. Diaz

This appeal presents a recurrent situation: the motion of an alien defendant to vacate a long past conviction because of an alleged omission of the required warning of immigration consequences by the judge receiving the defendant’s plea of guilt or his admission to facts sufficient for a finding of guilt; and the submission of that motion years after the routine destruction of the record of the colloquy between the plea judge and the defendant.

Facts. In the District Court on March 7, 1994, the defendant, Plinio Diaz, admitted to facts sufficient to warrant a finding of guilt on the charge…