Can a defendant appeal from a finding that he was released from custody after serving his probation sentence for a second probation violation?

California, United States of America


The following excerpt is from People v. Morrison, A151353 (Cal. App. 2018):

5. We note there may have been an error in the calculation of custody credits. The probation report, in calculating appellant's custody credits, provides appellant was released from custody after being arrested for his second probation violation on June 9, 2016. However, the court's minutes show appellant appeared in custody at hearings related to that violation on June 10, June 14, July 6, and July 12; on July 12, the court remanded appellant to the sheriff's custody to serve the jail term ordered as part of his probation reinstatement. As no objection was raised below, any error cannot be corrected on appeal but, if appellant believes there was error, he can file a motion in the trial court to correct the credits. ( 1237.1 ["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 for correction of the record in the trial court, which may be made informally in writing."]; People v. Fares (1993) 16 Cal.App.4th 954, 958 ["There is no time limitation upon the right to make the motion to correct the sentence."].)

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