People v. Cochran CA3

DISCUSSION

The abstract of judgment filed on December 14, 2023, lists the section 667.8, subdivision (b) enhancement associated with count 21 under status enhancements found true for prior convictions or prior prison terms, not under the section for enhancements charged and found to be true tied to specific counts. Defendant requests we order the abstract of judgment to correctly note this enhancement is tied to a specific count and not as a prior conviction or present term; the People agree. We shall so order.

2 Defendant also requests we direct the trial court to calculate the additional credits for time served since defendant’s initial incarceration, which are not reflected in the abstract of judgment from resentencing. However, under section 1237.1, “[n]o 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.”…