People v. Jeffrey

Opinion

BAXTER, J.

This is a companion case to People v. Arnold (2004) 33 Cal.4th 294 [14 Cal.Rptr.3d 840, 92 P.3d 335] (Arnold). In Arnold, 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 one or more times, conditioned on service of an additional county jail term, as an alternative to imposing a state prison sentence. Arnold holds that when a…