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COMMONWEALTH v. ALMONTE

No. 12-P-901.

84 Mass. App. Ct. 735 (2014)

COMMONWEALTH v. LUCAS H. ALMONTE.

Appeals Court of Massachusetts, Essex.

January 27, 2014.

Attorney(s) appearing for the Case

Philip A. Mallard, Assistant District Attorney, for the Commonwealth.

Murat Erkan (Matthew Bingham with him) for the defendant.

Present: TRAINOR, KATZMANN, & SIKORA, JJ.

SIKORA, J.

In 2005, a District Court judge accepted pleas of guilt by the defendant to two counts of assault and battery. In 2012, the judge allowed the defendant's motion to vacate the convictions. The defendant contended that the pleas had resulted from the ineffective assistance of counsel because his attorney had failed to advise him of the exposure to deportation created by the pleas as required by Padilla...

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