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PEOPLE v. ARNOLD

No. S106444.

14 Cal.Rptr.3d 840 (2004)

92 P.3d 335

33 Cal.4th 294

The PEOPLE, Plaintiff and Respondent, v. Clemantt ARNOLD, Defendant and Appellant.

Supreme Court of California.

June 28, 2004.

Attorney(s) appearing for the Case

Shama H. Mesiwala, Sacramento, under appointment by the Supreme Court, and William M. Duncan, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan A. Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, J.

In this case we interpret the scope and effect of a defendant's waiver of custody credits — commonly referred to as a "Johnson waiver" (People v. Johnson (1978) 82 Cal.App.3d 183, 147 Cal.Rptr. 55 (Johnson)) — which enables a sentencing court to reinstate a defendant on probation after he or she has violated probation, conditioned on...

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