Commonwealth v. Berthold

In this case, we consider whether G. L. c. 278, § 29D, requires that a defendant be permitted to withdraw his guilty plea if at the time of its tender the judge gave an incomplete warning of the immigration consequences of such a plea, but specifically warned of the precise consequence on which the defendant relies to withdraw his plea. We hold that it does not.

Background. On October 26, 1999, the defendant, Carl A. Berthold, pleaded guilty to and was sentenced to a house of correction on two counts of assault and battery by means of a dangerous weapon and one count of assault by means of a *184da…