Can a defense counsel challenge an award of presentence conduct credit on appeal?

California, United States of America


The following excerpt is from People v. Higgins, B219857 (Cal. App. 2011):

"A challenge to an award of presentence conduct credit may be raised at any time. [Citation.]" (People v. Florez (2005) 132 Cal.App.4th 314, 318, fn. 12.) Section 1237.1 requires a request for correction of such credits to be directed first to the trial court. When other issues are litigated on appeal, however, "section 1237.1 'does not require defense counsel to file [a] motion to correct a presentence award of credits in order to raise that question on appeal.' [Citation.]" (People v. Florez, supra, at p. 318, fn. 12.)

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