P. v. Tooley CA3
Defendant Elidia Arlenelalain Tooley contends she is entitled to two days of conduct credit. Because Penal Code section 1237.1 required her to assert the contention at sentencing and she did not, her claim is not cognizable on appeal and we will dismiss the appeal.
BACKGROUND
Defendant pleaded no contest to vehicular manslaughter and child abuse. Prior to sentencing she spent two days in custody. The trial court sentenced her to an aggregate term of five years four months in state prison and awarded her two days of presentence custody credit for the actual time spent in custody. No conduct credit was awarded and there was no objection on this ground asserted in the trial court.
While this appeal was pending, defendant’s appellate counsel sent two letters to the trial court pursuant to section 1237.1 requesting an award of conduct credit. The trial court denied the request on the ground that a defendant must spend at least four days in custody for conduct credit to begin accruing.
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