P.
P. v. Her CA3
Opinion
Opinion
DISCUSSION
We dispense with the facts of defendant’s crimes as they are unnecessary to resolve this appeal. At sentencing, the trial court stated: “So, the defendant has 527 days actual. There’s additional credits as well. Certainly then, it’s going to be deemed time served, so to speak, in terms of the 16 months state prison sentence in the matter since it would be 50 percent, so, eight months.” Neither the trial court nor the parties mentioned conduct credits. The minutes and abstract of judgment show defendant receiving presentence credit for 527 days’ actual and 0 days’ conduct. Defendant claims he is entitled to conduct credits without regard to whether he will serve any time in prison, and notes that excess presentence credits can be used to offset any fines (§ 2900.5, subd. (a)) and could be applied to his parole period.2 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…