COMMONWEALTH v. DIAZ

No. 08-P-511.

75 Mass. App. Ct. 347 (2009)

COMMONWEALTH v. PLINIO DIAZ.

Appeals Court of Massachusetts, Middlesex.

October 6, 2009.


Attorney(s) appearing for the Case

Jennifer H. O'Brien for the defendant.

Fawn D. Balliro, Assistant District Attorney, for the Commonwealth.

Present: COHEN, GRAHAM, & SIKORA, JJ.


SIKORA, J.

This appeal presents a recurrent situation: the motion of an alien defendant to vacate a long past conviction because of an alleged omission of the required warning of immigration consequences by the judge receiving the defendant's plea of guilt or his admission to facts sufficient for a finding of guilt; and the submission of that motion years after the routine destruction of the record of the colloquy...

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