Suon

Defendant Kamsan Suon pled guilty to burglary in 1993 without being advised of the possibility of adverse immigration consequences, as required by section 1016.5 of the Penal Code. In 1996, he pled guilty to driving under the influence, this time receiving the requisite admonition. It was not until 1998, however, that he filed a motion to withdraw his 1993 guilty plea, which was denied without prejudice. We affirm.

Factual and Procedural Background

Defendant, a Cambodian national, entered the United States in 1980 as a refugee. On September 8, 1993, the District Attorney of Stanislaus County charged defendant with burglary (a felony in violation of § 459) and with vehicle tampering (a misdemeanor in violation of Veh. Code, § 10852). On September 23, 1993, defendant pled guilty to felony first degree burglary in exchange for a dismissal of the misdemeanor vehicle tampering charge. According to the reporter’s transcript of the hearing, the court did not advise defendant of the possible adverse immigration consequences of his guilty plea. The court sentenced defendant to the lower term of two years in prison. After serving his sentence, defendant was released from…