Commonwealth v. Rodriquez

The defendant’s motion to withdraw her guilty plea was allowed by a Superior Court judge who had also presided over the initial plea tender more than eleven years before. At the earlier hearing the judge had advised the defendant of the consequence of deportation but failed to warn that her guilty plea additionally “may have the consequences of. . . exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States,” as mandated by G. L. c. 278, § 29D, inserted by St. 1978, c. 383. In this appeal the Commonwealth argues that the defendant,…