Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 04F8972
DAVIS , J.
On December 6, 2004, Mark Guinn called the Shasta County Sheriff’s Department and reported that his spouse, defendant Patrice Amanda Guinn (maiden name Snyder), used a kitchen knife and stabbed his neck. She also hit him in the face with her fist. She threatened to kill him when he fell asleep. He had redness and blood on his neck and an abrasion on his face. He reported having previously been assaulted by defendant.
Defendant entered a negotiated plea of guilty to spousal abuse with a prior for the same within seven years (Pen. Code, § 273.5, subds. (a), (e)) in exchange for dismissal of the remaining counts (assault with great bodily injury and with a deadly weapon; criminal threats), no state prison at the outset and a sentencing lid of four years if probation was revoked.
The court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including a $1,000 restitution fine, 16 hours in the community alternative work program, a batterer’s program for one year and chemical testing.
Defendant violated probation in that she failed to complete an alternative work program and had been terminated from a batterer’s program. The court reinstated probation.
Defendant again violated probation in that she tested positive for cocaine on two occasions. The court revoked defendant’s probation and sentenced her to state prison for the midterm of four years. The court imposed a $1,000 restitution fine and a $1,000 parole revocation restitution fine and awarded 106 actual days and 52 conduct days for a total of 158 days of presentence custody credit.
Defendant appeals. She did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
We note an error in the preparation of the abstract of judgment, which erroneously reflects defendant’s name as “Patricia Amanda Snyder aka Patricia Guinn.” The complaint reflects that defendant’s name is “Patrice,” as does the reporter’s transcript of the entry of plea hearing. When the court referred to defendant as “Patricia,” defense counsel corrected the court and defendant confirmed that her name is “Patrice.” She signed her name as “Patrice Guinn” on the entry of plea form. Although defendant, whose maiden name is Snyder, stated at one hearing that she was getting a divorce, until such time as she changes her name, her name for purposes of this case and the abstract of judgment is “Patrice Amanda Guinn.”
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
Disposition
The trial court is directed to prepare an amended abstract of judgment reflecting defendant’s name as “Patrice Amanda Guinn” and to forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.
We concur: BLEASE , Acting P.J., MORRISON , J.