COMMONWEALTH v. BERTHOLD


441 Mass. 183 (2004)

COMMONWEALTH v. CARL A. BERTHOLD.

Supreme Judicial Court of Massachusetts, Plymouth.

March 10, 2004.


Attorney(s) appearing for the Case

Carolyn A. Burbine, Assistant District Attorney, for the Commonwealth.

Eric W. Ruben for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


CORDY, J.

In this case, we consider whether G. L. c. 278, § 29D, requires that a defendant be permitted to withdraw his guilty plea if at the time of its tender the judge gave an incomplete warning of the immigration consequences of such a plea, but specifically warned of the precise consequence on which the defendant relies to withdraw his plea. We hold that it does not.

Background. On October 26, 1999, the defendant, Carl A. Berthold, pleaded...

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