People v. Hyung Joon Kim

Fourteen years after pleading guilty to petty theft with a prior and 12 years after having served a three-year prison sentence for the conviction, defendant Hyung Joon Kim invited the trial court to dismiss the action in the interests of justice pursuant to Penal Code section 1385. 1 The trial court accepted the invitation and dismissed the action on its own motion over the People’s objections. The People appeal and advance several reasons why the trial court erred. We agree with their principal reason, namely, that a trial court has no authority to dismiss an action after judgment has been imposed and the defendant has served his or her sentence. We therefore reverse the order and need not address the People’s secondary contentions.

BACKGROUND

Defendant immigrated to this country at age six from South Korea, and became a “lawful permanent resident in 1986 and has resided continuously in this country since his initial entry.” (People v. Kim (2009) 45 Cal.4th 1078, 1084-1085 [ 90 Cal.Rptr.3d 355 , 202 P.3d 436 ] (Kim).) However, he had several juvenile arrests and had been made a ward of the court and placed on probation before turning 18. Within months after turning 18,…