PEOPLE v. JOHNSON

No. S097755.

123 Cal.Rptr.2d 700 (2002)

28 Cal.4th 1050

51 P.3d 913

The PEOPLE, Plaintiff and Respondent, v. Dale Howard JOHNSON, Defendant and Appellant.

Supreme Court of California.

August 19, 2002.


Attorney(s) appearing for the Case

Gordon B. Scott, under appointment by the Supreme Court, Santa Rosa, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Laurence K. Sullivan and Seth K. Schalit, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

Penal Code section 2900.5 provides that the total number of days a defendant spends in custody, either before sentencing or as a condition of probation, "shall be credited" against the defendant's "term of imprisonment." In this case, we resolve two issues regarding that statute: First, we conclude that a defendant can expressly waive entitlement to credits for time served. Second, we hold that such an...

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