Dubon

Appellant Juan Ramon Dubon appeals from an order denying his petition for writ of error coram nobis, by which he sought to withdraw his plea of nolo contendere to allegations that he sold or transported marijuana in violation of Health and Safety Code section 11360, subdivision (a). Dubon contends the trial court failed to advise him of the immigration consequences of his nolo contendere plea as mandated by Penal Code section 1016.5. That statute requires that, before accepting a plea of guilty or nolo contendere to any offense punishable as a crime under California law, the trial court must advise the defendant that if he or she is not a United States citizen, conviction of the charged offense could result in deportation, exclusion from admission to the United States, or denial of naturalization. The statute further provides that absent a record that the required advisements were given, the defendant is presumed not to have received them. We affirm the trial court’s denial of the petition.

Factual and Procedural Background

Dubon, a citizen of Honduras, had lived in the United States since 1978. In April 1987, he was charged with violating Health and Safety Code section…