People v. Burks

Opinion

PARRILLI, J.

We hold that when a defendant agrees to waive custody credits after violating probation, the waived credits may not be recaptured when probation is violated again, unless the agreement expressly reserves that right. In the absence of such a record, custody credits once waived may not be used again.

Lonnie Ray Burks appeals from a judgment sentencing him to two years in state prison following his third violation of probation. Probation was originally granted after Burks pleaded nolo contendere to a felony charge of stalking. Burks served a year in county jail as a condition…