Commonwealth v. Mwangi

In 2013 the defendant admitted to sufficient facts to support charges of possession of a class B substance and conspiracy to violate drug laws. The case was continued without a finding (CWOF) for six months. Several years later, the defendant moved for a new trial,2 arguing that plea counsel was constitutionally ineffective for failing to advise him of the immigration consequences of the pleas.3 After a nonevidentiary hearing, the same judge who accepted the pleas denied the motion. The defendant now appeals. We reverse.4

We review a judge's decision on a motion for new trial "to determine…