P. v. Wagenman CA1/3
Jesse Wagenman asks this court to order the trial court to award him 54 days of presentence conduct credits. He says a letter from his counsel to the trial court pointing out the alleged error satisfied the statutory requirement that he make a written motion for correction before seeking appellate review of any error in the calculation of presentence credits. The trial court did not respond to his letter.
As of January 1, 2016, Penal Code section 1237.1 provides that “No appeal shall be taken by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction of the record in the trial court, which may be made informally in writing.
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