Commonwealth v. Soto

The defendant appeals from the order denying his motion to withdraw his plea of guilty to possession of cocaine with intent to distribute. The defendant *915claims that the plea judge violated the provisions of G. L. c. 278, § 29D,1 in failing to advise him that his conviction could result in his exclusion from admission to the United States and, thus, under the terms of § 29D his conviction must be vacated. We reverse the order denying the motion for the reasons stated.

We summarize the pertinent facts. In August, 1988, the defendant was convicted by a jury in the Superior Court of trafficking in…