P. v. Kirk CA1/1
In an opinion filed September 11, 2014, this court affirmed defendant’s conviction, following a no contest plea, of kidnapping (Pen. Code, § 207, subd. (a)) and infliction of corporeal injury on a cohabitant (§ 273.5, subd. (a)). (People v. Kirk (Sept. 11, 2014, A138871) [nonpub. opn.].) We observed in our opinion that in his opening brief, defendant asserted he was entitled to additional custody credits. In his reply brief, however, he advised that he obtained relief through a section 1237.1 motion in the trial court and therefore “ ‘[withdrew]’ ” the issue even though he “ ‘[was] not and has never been in agreement with the credits.’ ” (People v. Kirk, supra, A138871.)
The instant appeal is from an order denying a subsequent 1237.1 motion to correct the abstract of judgment that defendant filed in propria persona, seeking an additional 247 of actual custody credits.
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