Does appellant waive any objection to the court's failure to apply excess custody credits?

The Attorney General counters that appellant waived any objection to the court's failure to apply excess credits when he "acquiesced" in the trial court's "calculation" that he had only 365 custody credits, consisting of 183 days actually served plus 182 days of conduct credit. We reject the claim. The court did not engage in any calculation. Instead, it simply announced it was applying 365 days of credits so that appellant's new 365 day sentence was "deemed served." People v. Myers (1999) 69 Cal.App.4th 305, 312, which the Attorney General cites in favor of its waiver argument, is distinguishable. In that case, the court found a waiver where the defendant entered into a stipulation with the prosecutor as to the number of custody credits he was entitled to, and the trial court's award was made pursuant to that stipulation. No such stipulation was reached here.

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