Saavedra

DISCUSSION

I. The Application of Presentence Credits

Defendant’s primary challenge in this appeal concerns how presentence credits were calculated and applied to his sentence. Again, defendant’s sentence involved two separate cases. In case 448, he was found guilty by a jury of three separate counts. Case 433 involved a no contest plea by defendant to a violation of the Vehicle Code. As noted above, the trial court designated how the presentence credits would be applied when sentencing defendant on November 5, 2020. After the notice of appeal was filed, defendant submitted a letter brief to the trial court asking for a recalculation of the presentence credits, alleging he was entitled to 213 additional days of presentence credits.

Section 1237.1 requires that a defendant seek a correction of presentence credits in the trial court before the issue can be raised on appeal. Section 1237.1 allows this request to be made after the notice of appeal has already been filed, as was the case here.

3. The trial court denied this request, concluding the claim seeking additional credits was not supported by the record. A. Appellant Has Not Shown He Is Entitled to Additional…