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Name: People v. Clavel
Case #: A097338
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/08/2002
Subsequent History: Depublished. Substituted opinion at, on rehg. at and reissued on 11/1/02 at 103 Cal. App. 4th 516
Summary

An appeal filed challenging the miscalculation of custody credits was dismissed where appellant failed to first pursue his remedy in the trial court. Appellant’s letter to the trial court requesting amendment of the abstract did not suffice. Both Penal Code section 1237.1 and People v. Fares (1993) 16 Cal. App. 4th 954 explicitly require a formal motion be filed with the court. The informal procedure relied on by appellate counsel does not meet the needs of an orderly appellate process. The appellate court also noted that although the appeal was dismissed, appellant was free to file a motion in the trial court requesting relief.