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Name: People v. Hilger
Case #: B156790
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/18/2005

Waiver of credits case: Appellant pleaded guilty to assault with a deadly weapon. The court sentenced him to state prison, but suspended the sentence and placed him on probation on the condition that he complete a substance abuse treatment program and waive credits for the time served (169 days) between arrest and sentencing. Appellant violated probation several times, and was reinstated on probation after serving jail terms. He was informed at the time that he would not receive credits for the time served. On the third occasion, he was sent to state prison to serve his sentence. He was not credited with the 362 days he had spent in county jail because the trial court found he had waived those credits. He appealed the denial of the credits, and the appellate court reversed and remanded. The Attorney General petitioned for review. The Supreme Court granted review and deferred further action pending its decision in People v. Arnold and People v. Jeffrey. It then remanded this case for reconsideration in light of those decisions. In this opinion, the appellate court affirmed the trial court’s ruling denying appellant any more custody credits. Appellant did not expressly limit his waiver to county jail. A court does not have to advise a defendant that his waiver applies to both state prison and county jail. Under Arnold, he is therefore not entitled to recapture his custody credits to reduce his time in state prison. Even if it results in his being incarcerated for longer than the statutory maximum of four years, the Supreme Court has approved such an outcome.