COMMONWEALTH v. MARTINEZ

No. 11-P-275.

81 Mass. App. Ct. 595 (2012)

COMMONWEALTH v. WAGNER MARTINEZ.

Appeals Court of Massachusetts, Suffolk.

April 18, 2012.


Attorney(s) appearing for the Case

M. Page Kelley for the defendant.

Cailin Campbell , Assistant District Attorney, for the Commonwealth.

Present: RAPOZA, C.J., MILLS, & GRAHAM, JJ.


MILLS, J.

On July 1, 1997, the defendant, a legal permanent resident of the United States, pleaded guilty in Boston Municipal Court to distribution of a class B substance ultimately resulting in his deportation. After his arrest for illegal reentry in February, 2010, he moved for a new trial on the 1997 drug charge. Relying on Padilla v. Kentucky, 130 S.Ct. 1473 (2010), he argued that he received ineffective assistance...

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