Harris

Following his admission to a fourth probation violation, defendant’s probation was revoked and he was sentenced to three years in state prison for his conviction of assault with a deadly weapon (Pen. Code, § 245). On appeal, defendant challenges the amount of presentence custody credit given against his prison term, contending his waivers of credits on earlier probation violations were not knowingly and intelligently made. He further challenges the prison commitment itself, contending the trial court erred in failing to give him the option of serving more than one year in the county jail. Only defendant’s first contention has merit.

I

Following his 1981 conviction of assault with a deadly weapon, defendant was placed on formal probation for four years, a condition of which was that he serve five months in the county jail. So far as appears from the record, he served that term and earned whatever credit he was entitled to under section 4019.

On June 4, 1982, a petition for violation of probation was filed, alleging abscond (presumably, failure to appear for scheduled appointments and to maintain contact with the probation department). Defendant admitted the violation,…