People v. Lim CA2/4

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.

BACKGROUND

In July 2019, the People charged appellant with vandalism causing at least $400 in defacement, damage, or destruction. (§ 594, subds. (a) & (b)(1)). Appellant pled guilty. The trial court (Judge Jose I. Sandoval) suspended imposition of sentence, and placed appellant on probation for three years, ordering appellant to obey all laws. In March 2020,…