California Court of Appeal

Trial court exercised its discretion in requiring defendant to waive all credits for time served in order to obtain probation. Such waivers cannot be routine; because the trial judge required the waiver as a further incentive for the defendant to complete his drug rehabilitation, the record evidences a discrete exercise of discretion.

Appellate Information

• Decided 01/07/2004
• Published 01/07/2004

Judges

• LAMBDEN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Parker S. Kelly, Redwood City, Robert Faux, Santa Rosa, under appointments by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan M. Helfman, Supervising Deputy Attorney General, Ayana A. Cuevas, Deputy Attorney General, for Plaintiff and Respondent.