In Re Antwon R.
People v. Antwon R.
Opinion
Opinion
Richli, J.
this appeal, we will hold that Penal Code section 1237.1— which precludes a criminal defendant from raising an error in the calculation of presentence custody credits, at least as the sole issue on appeal, if he or she has not previously raised the error in the trial court—does not apply to juvenile appeals.
I
Procedural Background
In a petition filed on November 13, 1998, Antwon R. (the minor) was charged with first degree burglary. (Pen. Code, §§ 459, 460, subd. (a).) In a second petition filed on March 5, 1999, the minor was charged with resisting an officer. (Pen. Code, § 148, subd. (a)(1).) The juvenile court sustained both petitions. It committed the minor to the California Youth Authority (CYA) for a maximum period of six years four months. It did not calculate any precommitment custody credit. Rather, it indicated that this was to be calculated by CYA.
II
Penal Code Section 1237.1 Does Not Apply to Juvenile Appeals
The minor’s principal point is that the juvenile court erred by failing to calculate his precommitment custody credit. The People argue that the minor never raised this issue in the trial court, and, accordingly, Penal Code section 1237.1 bars him…