Commonwealth v. Villalobos

The question posed by the District Court judge’s report is whether a defendant may withdraw an admission to sufficient facts notwithstanding his having been advised pursuant to G. L. c. 278, § 29D, of each of the specified immigration consequences, both orally and in a writing memorializing the same, because the statutory language fails to apprise him of changes in Federal immigration law that, in certain instances, treat an admission to sufficient facts as equivalent to a conviction. We answer the reported question: “No.”

Following the defendant’s admission to sufficient facts on a complaint…