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Name: People v. Juarez
Case #: A101227
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 01/07/2003
Subsequent History: None

Appellant was sentenced to probation conditioned upon his waiver of all credits for time served. The Supreme Court, in People v. Johnson, upheld the discretion of the trial court to impose such a sentence. However, it did not resolve the issue of when a defendant can challenge a sentence that is combined with the waiver of time-served credits and thereby exceeds the statutory maximum. Here, the appellate court held that requiring appellant to serve the statutory maximum sentence before filing a petition to modify the sentence by reinstating credits would be “procedurally clumsy.” Further, Johnson did not discuss the split of appellate authority regarding the exercise of discretion where it is claimed that the trial court routinely conditions a grant of probation on a waiver of credits. The appellate court here concluded that the standard practice of conditioning probation on a waiver of credits is not allowed where the court fails to exercise any sentencing discretion regarding such a waiver. However, here there was nothing in the record which supported appellant’s conclusion that the waiver of credits was routine practice; rather, there was evidence that the court properly exercised its discretion. Accordingly, the sentence was permissible.