People v. Johnson

In this case we hold that a defendant who has served one year in jail as a condition of probation and who thereafter violates probation may be sentenced to an additional period of up to one year in jail if he knowingly and intelligently waives the provisions of Penal Code section 2900.5.

Facts

Convicted of receiving stolen property, defendant was placed on probation on condition that he serve one year in jail. He served that term. He was then violated for having committed grand theft. Through his attorney, he suggested that additional jail time be considered. The court declined to consider additional jail time on the basis that it had no authority to do so. The defendant was then sentenced to prison.

Discussion

In pertinent part, Penal Code section 19a provides that a defendant may not be sentenced to jail for more than one year as a condition of probation. Penal Code section 2900.5 provides in pertinent part that all days in custody be credited on a jail sentence including any period of imprisonment imposed as a condition of probation.

The net result of these two legislative efforts is that if a defendant has served a year in jail as a condition of probation, a…