People v. Robinson

Opinion

SPARKS, Acting P. J.

The issue presented by this appeal is whether the trial court erred by failing to award defendant credit for the number of days he spent in custody following his original sentencing, up to the time of his resentencing. The Attorney General concedes the error. Although we agree the court erred, and that defendant is entitled to additional credit, we believe the appropriate means of remedying an error of this nature is to first move for correction in the trial court. Accordingly, we shall dismiss the appeal.

A jury convicted defendant of attempted murder (Pen. Code, §§…