People v. Griffin CA1/3

DISCUSSION

As we previously stated, appellant’s appointed counsel has filed an opening brief setting forth the material facts, but raising no issue for our consideration. Counsel requests that we independently review the record to decide whether there exists any nonfrivolous issue for appeal. (People v. Wende, supra, 25 Cal.3d 436; People v. Kelly, supra, 40 Cal.4th 106.) In doing so, counsel has attested that appellant was advised of his right to file his own brief with this court, which right he has not exercised in a timely manner. After an independent review of the record, we agree with appellant’s counsel that there are no reasonably arguable legal or factual issues for our consideration given the blatant untimeliness of appellant’s motion. Section 1237.1 states: “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.” (Italics added.) Here, while…