Kim

Defendant Hyung Joon Kim filed a petition for writ of error coram nobis asserting that a judgment of conviction against him for felony petty theft with a prior following a Negotiated plea was based on mistake of fact and therefore void. He argued that he did not know that the plea would subject him to deportation and concluded that the plea was not knowing and voluntary as required by the federal and state Constitutions. He also filed a nonstatutory motion to vacate the judgment asserting that his trial counsel was constitutionally ineffective because counsel failed to advise him of the immigration consequences of the petty theft conviction. The trial court granted the petition and motion. The People appeal and principally contend that the trial court had no authority to grant the relief defendant sought. We agree and therefore reverse the orders.

Defendant was born in South Korea and entered the United States in 1984 on a family visa when he was six years old. He achieved lawful-permanent-resident status in 1986. At some point, he became a ward of the juvenile court because he possessed ammunition. He turned 18 years old in 1995.

In 1996 while on juvenile probation,…