People v. Thai

Filed 4/11/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060963

v. (Super. Ct. No. M-19162)

SONNY KIM THAI, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Thomas A. Glazier, Judge. Reversed. Cynthia Grimm, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Christine Y. Friedman, Deputy Attorneys General, for Plaintiff and Respondent.

Sonny Kim Thai appeals from the trial court’s order denying his petition for termination from the sex offender registry and ordering he could not file another petition for five years. Thai argues insufficient evidence supports the court’s order and the court abused its discretion because it failed to properly weigh all the factors. We agree there was insufficient evidence and reverse the order. FACTS In June 1997, 12-year-old John Doe walked from his father’s house to the liquor store across the street where 39-year-old Thai worked. Doe had previously visited the store and spoken to Thai more than 40 times. As Doe perused the candy, Thai asked him how old he was. When Doe said 12 years old, Thai said he looked big for his age and asked him if he worked out. Not so subtly, Thai asked Doe, “‘Do you jack off?’” Thai gave Doe a Playboy magazine and directed him to the empty office in the back of the store. In the office, Doe sat down in a chair. After Thai entered the office, he asked Doe to look at the magazine and pull down his pants. When Doe hesitated, Thai pulled down Doe’s pants and underwear. Thai knelt on the floor and masturbated Doe until he ejaculated. Doe got dressed and fled. Later that day, Doe felt ill from what happened and told his mother, who called the sheriff’s department. A felony complaint charged Thai with committing a lewd and lascivious act upon a child under the age of 14 years (Pen. Code, § 288, subd. (a), all further statutory references are to the Penal Code). Thai pleaded guilty. The trial court sentenced him to three years in prison and ordered he register pursuant to section 290. Over 23 years later, Thai filed a petition for termination from the sex offender registry pursuant to section 290.5. The prosecution filed opposition, arguing the following: the facts of the offense were “particularly egregious”; adult Thai “took complete advantage” of 12-year-old Doe; Thai “prey[ed] upon” the “familiar” Doe; Thai