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Name: People v. Cooke
Case #: C042092
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/18/2003
Subsequent History: None
Summary

In a fact-specific case, the court interpreted the terms of appellant’s credit waiver to not include post sentence conduct credits in prison. In addition to the terms of the waiver themselves leading to that result, the trial court had no authority to obtain a waiver of in-prison credits under Penal Code section 2933. Because when the court initially granted probation, it imposed a term of four years, but suspended its execution, the court could not later promise a three year term in exchange for an admission of a violation of probation. Thus, the case was remanded to permit appellant to withdraw his admission.