Opinion
C041843.
7-22-2003
THE PEOPLE, Plaintiff and Respondent, v. MICHELLE STEPHANIE CRAMER, Defendant and Appellant.
Defendant Michelle Stephanie Cramer pled no contest to forgery (Pen. Code, § 470) and issuing a check without sufficient funds (Pen. Code, § 476a, subd. (a)). Sentenced to a term of two years in state prison, she filed a notice of appeal limited to grounds occurring after the entry of the pleas. (Pen. Code, § 1237.5.)
Her opening brief first points out that the abstract of judgment erroneously states the trial courts victim restitution order. However, because the trial court thereafter filed an amended abstract of judgment correcting this error, we granted defendants motion to withdraw this argument as moot.
Defendant also correctly points out that the abstract of judgment has a typographical error in her birthdate, which should reflect that she was born on "1-31-55," not "1-31-35." We shall direct the trial court to correct the clerical error.
DISPOSITION
The judgment is affirmed. The trial court is directed to amend the abstract of judgment to reflect that defendants birth date is January 31, 1955, and to forward a certified copy of the amended abstract to the Department of Corrections.
We concur: DAVIS, J., HULL, J. --------------- Notes: According to the charging documents, defendants birthdate is 1-31-55. The probation report also lists her birthdate as 1-31-55 and states that she is 47. However, the abstract of judgment and amended abstract of judgment list her birthdate as 1-31-35.