Commonwealth v. Jones

This is the defendant’s appeal from a ruling in the District Court denying his motion to withdraw an admission to sufficient facts to warrant a finding of guilty of possession of marihuana with intent to distribute. The motion was grounded on the claim that, eleven years earlier, when the defendant made that admission pursuant to Mass. R. Crim. P. 12 (a) (3), 378 Mass. 866 (1979), and a judge accepted it and found him guilty, he had not been informed, as required by G. L. c. 278, § 29D (1992 ed.), that his admission would expose him to the risk of deportation. According to the defendant, he…