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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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