What is the effect of defense counsel's error in applying section 2933.1 to defendant?

Accordingly, the trial court erred by applying section 2933.1 to defendant. Although the court was apparently induced to do so by defense counsel, a conclusion that counsel's blunder precluded this court from correcting the trial court's error would require a future expenditure of judicial resources to address counsel's ineffective assistance. An incorrect award of credits results in an unauthorized sentence that may be corrected whenever it comes to our attention (People v. Guillen (1994) 25 Cal.App.4th 756, 764), and we do so now, without regard to defense counsel's error. Defendant is entitled to 56 days of presentence conduct credits under section 4019, an increase of 40 days. (Defendant's serious felony conviction made him ineligible for the higher local conduct credit rate provided in the 2009 amendment to section 4019.) We modify the judgment to reflect this increase.