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Name: People v. Clavel
Case #: A097338
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 11/01/2002
Subsequent History: None

Penal Code section 1237.1 requires the defense to first pursue correction of presentence credits in the trial court before making such a claim on direct appeal. Although nothing precludes the pursuit of such correction by informal letter request, if that fails, the defense is required to make a formal motion in the superior court. Without such a preliminary step, the appeal must be dismissed if only the issue of presentence credits is raised on appeal.