Commonwealth v. Cortez

On December 1, 2004, the defendant tendered a plea in which he admitted to sufficient facts to support a charge of assault and battery by means of a dangerous weapon, and received a continuance without a finding (CWOF). Approximately one month earlier, G. L. c. 278, § 29D, had been amended to require that defendants be specifically advised by the plea judge that an admission to sufficient facts may have adverse immigration consequences if the defendant is not a United States citizen. Before that amendment, the statute referred only to pleas of guilty or nolo contendere, and required that the…