Culpepper

Defendant’s sole argument on appeal is that the abstract of judgment must be modified to correctly reflect presentence custody.

Factual and Procedural Background

Defendant pled guilty to one count of kidnapping his ex-wife (Pen. Code, § 207, subd. (a)), during which he intentionally inflicted great bodily injury (§ 12022.7), one count of assaulting his ex-wife with a deadly weapon (§ 245, subd. (a)(1)), and one count of theft of his ex-wife’s automobile (Veh. Code, § 10851), and he admitted a prior serious felony conviction (§ 667) and a prior prison term (§ 667.5, subd. (b)). The court indicated it would impose a sentence of 11 years and requested and obtained defendant’s waiver of a probation report. When the court asked counsel “to figure out what [defendant’s] credit for time served was,” the prosecutor responded that would “be difficult,” but defense counsel said he would “get [the necessary] records from the jail, if they’ll provide it.”

At the commencement of the sentencing hearing, defendant advised the court that he wished to proceed in propria persona pursuant to Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ], Reviewing the…