Burroughs

Certified for Partial Publication. [1]

Mcdonald, J.

Christopher Burroughs appeals a judgment entered after he pleaded guilty to one count of robbery (Pen.Code, § 211). [2] After the trial court had twice revoked Burroughs's probation, it ordered execution of his three-year prison sentence. On appeal Burroughs contends: (1) the trial court erred by denying him credits toward his prison term for time spent at a residential alcohol counseling program; (2) the trial court erred by denying him credits toward his prison term under section 4019 for time spent in the county jail and under section 2900.5 for time spent at a courtordered residential treatment facility because he did not knowingly and intelligently waive those credits; and (3) he was denied effective assistance of counsel. We reverse the trial court's denials of credits toward his prison term and remand for further proceedings to determine whether Burroughs is entitled to credits for time spent at a residential alcohol counseling program and to award Burroughs appropriate section 4019 and section 2900.5 credits; in all other respects, we affirm the judgment.

On July 20, 1999, Burroughs robbed a McDonald's restaurant. On…