Zuniga

Defendant appeals from a judgment sentencing him to serve three years in prison for the crime of burglary. His contentions on appeal address only the issue of credits allegedly due him pursuant to Penal Code sections 2900.5 and 4019. We affirm.

Defendant pleaded guilty to burglary and an allegation of a prior conviction was found to be true. A sentence of three years was suspended and defendant was placed on probation for three years on condition that he serve one year in the county jail.

At the time of sentencing defendant had been in custody 168 days. The trial court gave defendant the option of being sentenced to state prison or accepting probation with the condition of serving 1 year in the county jail without credit -for the 168 days of presentence confinement. Defendant waived the provisions of Penal Code section 2900.5 and accepted the probationary order. Such waiver was proper (People v. Johnson (1978) 82 Cal.App.3d 183 [ 147 Cal.Rptr. 55 ]; In re Chamberlain (1978) 78 Cal.App.3d 712 [ 144 Cal.Rptr. 326 ]) and defendant does not contend otherwise.

The issues raised on this appeal emanate from the fact that, after defendant had served 156 days of the 1 year…