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PEOPLE v. KIM

No. H029324.

59 Cal.Rptr.3d 255 (2007)

150 Cal.App.4th 1158

The PEOPLE, Plaintiff and Appellant, v. Hyung Joon KIM, Defendant and Respondent.

Court of Appeal of California, Sixth District.

April 25, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Plaintiff/Appellant: The People.

Law Offices of Norton Tooby, Norton Tooby, Oakland, AJ Kutchins, Berkeley, Law Offices of Joel Franklin, Joel Franklin, Monterey, for Defendant/Respondent: Hyung Joon Kim.

PREMO, J.

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...

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