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PEOPLE v. DELGADO

No. F063396.

210 Cal.App.4th 761 (2012)

148 Cal. Rptr. 3d 490

THE PEOPLE, Plaintiff and Respondent, v. FERNANDO DELGADO, Defendant and Appellant.

Court of Appeals of California, Fifth District.

October 26, 2012.

Attorney(s) appearing for the Case

Gordon B. Scott , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Stephen G. Herndon and Max Feinstat , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

DETJEN, J. —

In the published portion of this opinion, we hold Penal Code section 1237.1 does not preclude a defendant from raising, as the sole issue on an appeal, a claim his or her presentence custody credits were calculated pursuant to the wrong version of the applicable statute.

PROCEDURAL HISTORY

On July...

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