Mendoza

Introduction

The defendant seeks review of postjudgment sentencing credits on appeal of an order denying his motion for relief by the sentencing court.

The procedural issue to be decided is whether a defendant may appeal from a motion to calculate postjudgment credits.

Facts and Proceedings Below

The defendant was received by the state from Kings County seven days after sentencing. He was accepted into a full-time credit qualifying assignment as a dairyman on July 3, 1984, 50 days after arrival to Soledad.

*951 On May 9, 1985, the defendant in propria persona filed an ex parte application for back-time credits. That same day, the trial court issued an order denying the writ because “no basis in law is shown.” The trial court apparently treated the motion as a writ. On July 8, 1985, the defendant filed his notice of appeal from the trial court’s order.

Notwithstanding authority limiting appellate review of postjudgment sentencing credits, the defendant urges this court to consider his appeal perfected. The defendant further urges that this court find that his failure to exhaust administrative remedies is justified because such a recourse would have been futile.…