The People v. Halgas CA4/1

FACTS

In June 2010, Halgas pleaded guilty to assault with force likely to cause great bodily

injury. (§ 245, subd. (a)(1).) He was sentenced to three years in prison, suspended, and

ordered to serve 180 days in jail. Halgas was confined in county jail for 90 days and released

on probation.

Halgas had chronic alcohol problems and did not consistently report to his probation

officer. He was jailed for eight days in September and October 2010 and for six days in

December 2010.

At a revocation hearing held on December 16, 2010, the court required Halgas to waive

the 104 days of section 4019 conduct credits he had accumulated to that date. The court

credited the defendant with 104 days of section 2900.5 custody credits and reinstated

probation. The December 16 minute order states, "Defendant waives all past, present and

future [Penal Code section] 4019[, subdivisions] (b)(1)[ and ](c)(1) credits." The report of

waiver of future conduct credits was repeated in subsequent probation reports and minute

orders.

1 Unless otherwise indicated, further statutory references are to the Penal Code. 2 Halgas continued to violate the terms and conditions of his probation. In…