The appellant appealed his eight-month sentence for impaired driving, arguing his guilty plea was uninformed, he received ineffective assistance of counsel, and the judge erred by sentencing him in absentia.
The Superior Court dismissed these grounds, finding the plea was voluntary, counsel had explained the immigration consequences, and the judge reasonably exercised his discretion to sentence the appellant after he absconded.
However, the appeal was allowed in part because the sentencing judge failed to consider the collateral immigration consequences of the sentence.
The sentence was reduced to six months less a day to account for these consequences.