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PEOPLE v. KIM

No. H037320.

212 Cal.App.4th 117 (2012)

151 Cal. Rptr. 3d 154

THE PEOPLE, Plaintiff and Appellant, v. HYUNG JOON KIM, Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 19, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan , Amy Haddix and Bridget Billeter , Deputy Attorneys General, for Plaintiff and Appellant.

Law Offices of Joel Franklin, Joel Franklin ; and J. Courtney Shevelson for Defendant and Respondent.

OPINION

PREMO, J. —

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...

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