People v. Tooley CA3

BACKGROUND

Defendant pleaded no contest to vehicular manslaughter and child abuse. Prior to sentencing she spent two days in custody. The trial court sentenced her to an aggregate term of five years four months in state prison and awarded her two days of presentence custody credit for the actual time spent in custody. No conduct credit was awarded and there was no objection on this ground asserted in the trial court. While this appeal was pending, defendant’s appellate counsel sent two letters to the trial court pursuant to section 1237.1 requesting an award of conduct credit. The trial court denied the request on the ground that a defendant must spend at least four days in custody for conduct credit to begin accruing.

DISCUSSION

Section 1237.1 provides in pertinent part that no appeal shall be taken on the ground of an error in presentence custody credit unless the defendant first presents the claim at sentencing or, if the error is not discovered until after sentencing, the defendant moves for correction of the record in the trial court. Such a motion may be made informally in writing. Dismissal of an appeal is necessary where the only issue raised involves presentence credit…