Supreme Court of California

When a defendant knowingly and intelligently waives jail time custody credits after violating probation in order to be reinstated on probation and thereby avoid a prison sentence, the waiver applies to any future use of such credits should probation ultimately be terminated and a state prison sentence imposed.

Appellate Information

• Decided 06/28/2004
• Published 06/28/2004

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•   Shama H. Mesiwala, Sacramento, under appointment by the Supreme Court, and William M. Duncan, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan A. Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.