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Name: People v. Thurman
Case #: C044448
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/26/2005
Subsequent History: Revw den. 5/11/05

Appellant pleaded no contest to possession of cocaine, and was granted probation pursuant to Proposition 36, on the condition that he complete a drug treatment program and that he waive his right to any future custody credits for time spent in a residential treatment program. Appellant objected to the waiver of credits, but agreed to the terms of probation. On appeal, appellant contended that since the grant of probation was mandatory under Proposition 36, the trial court could not condition probation on the prospective waiver of custody credits. The appellate court rejected the argument. Penal Code section 1210.1, subdivision (a) specifies that although probation is mandatory, the court is not otherwise limited in the type of probation condition it may impose. The conditions cannot include incarceration and must be reasonable, but may include requiring a defendant to waive his right to custody credits for time spent in a residential treatment facility. The voters did not intend to otherwise limit the court’s authority to impose reasonable conditions.