P. v. Ognev
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 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.”

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