Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Los Angeles County Super. Ct. No. LA053609
ORDER MODIFYING OPINION
BOREN, P. J. ASHMANN-GERST, J. CHAVEZ, J.
GOOD CAUSE APPEARING, the opinion the court issued on September 22, 2008, in the above-entitled case is modified, as follows:
Add footnote 2 at the end of the text on page 11:
2. This court ordered certain exhibits, including exhibit 13, transmitted to it during the course of the appeal. Subsequent to the filing of the opinion, the transmitted exhibits arrived from the superior court. Upon examining exhibit 13, the court discovered that appellant’s June 8, 2006, bank statement indicates that appellant had made withdrawals from his account to June 8, 2006, totaling $10,188.31. The court ordered the appellate record augmented with a copy of exhibit 13, as the total amount of the withdrawals from appellant’s account is otherwise not apparent from the appellate record. The $10,188.31 in withdrawals from appellant’s account far exceeds the $200 that appellant claimed on appeal was secured by means of passing or uttering the forged checks. Consequently, exhibit 13 puts to rest any claim that appellant had committed mere petty theft in this instance. Also, on remand, the trial court should consider these additional withdrawals and any further withdrawals appellant had secured from the bank in determining the proper amount of direct restitution to be ordered for the bank.
The modification effects no change in the judgment.