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Name: People v. Dubon
Case #: B142170
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/19/2001
Subsequent History: None

The court affirmed an order denying a petition for a writ of coram nobis, by which the defendant sought to withdraw his plea of nolo contendere to sale or transport of marijuana. 12 years after the offense, the INS arrested defendant and ordered him deported. Defendant declared that he had never been advised of the immigration consequences of his plea. A minute order recited appellant had been advised of the possible effects of plea on any alien/citizenship … status. The judge who took the plea had no independent recollection of defendant’s case, but typically told defendants who pleaded that if you are not a citizen, you could be deported, denied admission to the United States, and denied citizenship. The minute order, when combined with the judge’s testimony, was sufficient to rebut the statutory presumption the advisement required had not been given.