Commonwealth v. Barreiro

There is no dispute that when the defendant tendered his guilty pleas on three related indictments charging him with two counts of unlawful possession of a firearm and one count of receiving stolen property, the Superior Court judge failed to advise him of the risk of deportation, one of the immigration consequences enumerated in G. L. c. 278, § 29D. Nor is there any dispute that the defendant, who is actually facing deportation as a result of the firearm convictions, is entitled to withdraw his pleas from those two particular indictments. Rather, the chief issue on appeal is whether the…