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Name: People v. Burroughs
Case #: D039544
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/13/2003
Subsequent History: Rev. granted 7/23/03
Summary

A waiver of custody credits and conduct credits earned under Penal Code sections 2900.5 and 4019 which is intended to apply not only to an immediate grant of probation, but also to any later prison sentence if probation is subsequently revoked, must show that the defendant was aware that the waiver applied to the subsequent prison term. The court noted that the issue is presently pending before the California Supreme Court (People v. Arnold (S106444/C037898) and People v. Jeffrey (S105978/A095147)); because there is a difference of opinion in the lower appellate courts, the Court of Appeal here followed the majority view.