Sylvain v. Commonwealth

By Judge J. Overton Harris

Before the court is Respondent’s special plea in bar and demurrer. The court heard argument on September 11, 2012, and took the matter under advisement. Following a thorough review of the pleadings and the law, the court finds as follows.

I. Background

The Petitioner pleaded guilty to three felony counts of forging a public record on January 21, 2003. The Petitioner was sentenced to one year, six months, and six days for each count with all of the time being suspended. In 2003, the Petitioner was a permanent resident of the United States. The Petitioner’s attorney did…