P.

Filed 4/25/13 P. v. Ognev CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A134268

v. GEORGIY M. OGNEV, (San Francisco County Super. Ct. No. 215984) Defendant and Appellant.

Georgiy M. Ognev appeals from a judgment upon a jury verdict finding him guilty of misdemeanor simple assault (Pen. Code, § 240) and misdemeanor elder abuse (Pen. Code, § 368). He contends that the trial court erroneously calculated both his presentence custody and conduct credits. We conclude that defendant must first seek relief on the issue of credits in the trial court and therefore dismiss the appeal. Penal Code section 1237.1 provides that “[n]o appeal shall be taken by the defendant from a judgment of conviction on the ground…