People v. Lim CA2/4

Filed 8/30/21 P. v. Lim CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307208

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA479595) v.

HOU LIM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lauren Weis Birnstein, Judge. Affirmed. Laura R. Sheppard, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob A. Bonta, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. __________________________________________________

INTRODUCTION Appellant Hou Lim was sentenced to three years imprisonment on a conviction for vandalism causing at least $400 in defacement, damage, or destruction. That offense is punishable by imprisonment for a term not exceeding one year, or “pursuant to subdivision (h) of Section 1170,” which 1 authorizes a high term of three years. (Pen. Code, §§ 594, subd. (b)(1), 1170, subd. (h)(1).) Without mention of subdivision (h) of Section 1170, appellant contends the maximum sentence for vandalism in excess of $400 is one year, and that the trial court therefore erred by imposing a term of three years. We conclude that appellant’s three-year sentence was lawfully imposed “pursuant to subdivision (h) of Section 1170.” (§ 594, subd. (b)(1).) Accordingly, we affirm.

1 Undesignated statutory references are to the Penal Code.