PEOPLE OF MI V TODD BRADLEY STEPHENS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 15, 2004 Plaintiff-Appellee, v No. 246723 Macomb Circuit Court LC No. 02-001929-FH TODD BRADLEY STEPHENS, Defendant-Appellant. Before: Sawyer, P.J., and Gage and Owens, JJ. MEMORANDUM. Defendant appeals as of right his jury conviction for second-degree retail fraud, MCL 750.356d, third-degree fleeing and eluding, MCL 257.602a(3), resisting and obstructing a police officer, MCL 750.479, and unauthorized use of an automobile, MCL 750.414. We affirm. On appeal, defendant asserts that he is entitled to a ministerial correction to his judgment of sentence and presentence report because they list his resisting and obstructing conviction by the PACC code 750.479-B. He claims that authorities may misconstrue his conviction as being for the more serious offense of taking a firearm from a peace officer. MCL 750.479b. However, PACC codes are routinely used in pleadings, and the judgment of sentence identifies the charge code as “MCL citation/PACC code”. There is no need for clarification where the conviction is clearly designated as resisting and obstructing a police officer. Affirmed. /s/ David H. Sawyer /s/ Hilda R. Gage /s/ Donald S. Owens -1-

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