People v. Hoang CA2/4

Filed 7/29/16 P. v. Hoang CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B264610

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA080800) v.

NAM JU HOANG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jared D. Moses, Judge. Affirmed. Law Offices of James Koester and James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Margaret E. Maxwell, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Nam Ju Hoang appeals a trial court order denying his application to resentence him on a one-year prison term enhancement related to a prior felony conviction. He contends that, as the prior felony conviction was reduced to a misdemeanor under Penal Code section 1170.18,1 the conviction can no longer support the enhancement.2 We disagree with the contention.

BACKGROUND3 In 2011, a jury convicted defendant of second degree burglary (§ 459) and vandalism resulting in over $400 in damage (§ 594, subd. (a)). The trial court found true the allegations that defendant suffered three prior convictions4 within the meaning of the Three Strikes law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)), and that he served three prior prison terms within the meaning of section 667.5, subdivision (b). On June 7, 2011, the trial court sentenced defendant to the upper term of three years for the burglary, doubled under the Three Strikes law,5 plus three consecutive one-year terms for the prior prison terms, for a total term of nine