Acosta

Defendant, Idar A. Acosta, appeals from a judgment entered following a trial in which: the jury returned a verdict of guilty of sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)); he admitted two prior serious felony convictions allegations (Pen. Code, § 667.5, subd. (b)); and he admitted a single prior controlled substance conviction allegation. (Health & Saf. Code, § 11370.2, subd. (a).) In the published portion of the opinion, we address the question of whether defendant can present for the first time on appeal his contention that the trial court miscalculated the award of presentence credits.

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Defendant contends he is entitled to additional presentence custody and conduct credits. (§§ 2900.5, 4019.) We agree. However, before calculating the amount of presentence credits, we address an issue the parties have been given an opportunity to brief—the effect of section 1237.1 on defendant’s right to raise the question of the correctness of the award of custody and conduct credits. In 1995, the Legislature amended section 1237, subdivision (a), the statute that provides for a right to appeal, to state in pertinent part: “An…