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People v. Edwards4/23/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Pursuant to a plea agreement, defendant Kevin Eugene Edwards pleaded no contest to driving under the influence of alcohol and causing bodily injury. (Veh. Code, § 23153, subd. (a).) Pursuant to his plea agreement, defendant was sentenced to the low term of 16 months in state prison and waived his right to appeal from the judgment, except for sentencing errors. Defendant appeals, but 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. Having undertaken an examination of the entire record, we find no arguable issue or error.
However, we do find a clerical error in the abstract of judgment, which specifies that defendant's conviction is under Vehicle Code section 23152, subdivision (a), rather than Vehicle Code section 23153, subdivision (a). "Courts may correct clerical errors at any time, and appellate courts (including this one) that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts." (People v. Mitchell (2001) 26 Cal.4th 181, 185.) We do so here.
DISPOSITION
The judgment is affirmed. The trial court is directed to correct the abstract of judgment to reflect that defendant's conviction is under Vehicle Code section 23153, subdivision (a), and to transmit a certified copy of the amended abstract to the Department of Corrections.
We concur:
DAVIS, Acting P.J.
MORRISON, J.
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