Tang

Filed 3/18/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084192

Plaintiff and Respondent,

v. (Super. Ct. No. SCD155370)

KIM H. TANG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed with directions. Laura Arnold, 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, Melissa Mandel and James Spradley, Deputy Attorneys General, for Plaintiff and Respondent. Kim H. Tang appeals the denial of his motion for resentencing under

Penal Code1 section 1172.75. Tang’s original sentence imposed and stayed one section 667.5, subdivision (b) prison prior enhancement. On appeal of the original judgment in 2002, we modified the judgment to strike, rather than stay, the enhancement. We now conclude that a stricken enhancement is not an imposed enhancement within the meaning of section 1172.75, subdivision (a). Therefore, we affirm the…