Commonwealth v. Petit-HommeAnnotate this Case
The Supreme Judicial Court reversed the order of the municipal court denying Defendant's motion to withdraw his admission and vacate the court's finding of sufficient facts for a finding of guilty on two counts of assault by means of a dangerous weapon, holding that reversal was required where the challenged admission led to removal proceedings.
After his admission and the commencement of deportation proceedings, Defendant unsuccessfully moved to withdraw his admission based on the contention that the judge failed to provide the general advisory warning that Mass. Gen. Laws ch. 278, 29D entitles every criminal defendant to receive. The Supreme Judicial Court reversed, holding that the immigration consequences warning articulated by the plea judge during the colloquy did not suffice "so to advise" Defendant, as required by Mass. Gen. Laws ch. 278, 29D. The Supreme Judicial Court reversed, holding that the offense-specific warning provided to Defendant was confusing and was neither equivalent to, nor an adequate substitute for, the more general advisory that Defendant was entitled to under the statute.