P. v. Gutierrez
After defendant violated the terms of his probation for the third time, the trial court agreed to place him in a treatment program in exchange for defendant waiving all credits for time served. When defendant again violated the terms of his probation, the trial court imposed a previously suspended state prison sentence. The court also granted defendant actual custody credits, under the mistaken belief that defendant had not previously waived the credits. The People appeal, arguing that the trial court erred in awarding the custody credits. We agree and reverse.
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