Commonwealth v. Villalobos

After denying the defendant’s motion to withdraw his admission to sufficient facts and for a new trial, a judge in *798the District Court reported the following question to the Appeals Court: “Whether, in light of the 1996 amendment to 8 U.S.C. [§] 1101(a)(48)(A) which treats an ‘admission to sufficient facts’ as equivalent to a conviction for immigration purposes, a criminal defendant who offers an ‘admission to sufficient facts’ and receives a ‘continuance without a finding’ may withdraw the admission on the grounds that immigration warnings which tracked G. L. c. 278, [§] 29D did not inform…