Salazar

Carlos Isaguirre Salazar (appellant) pled guilty to one count of sale of cocaine. (Health & Saf. Code, § 11352.) The court suspended imposition of sentence and placed appellant on three years of probation upon condition that he serve one year in county jail. Appellant violated probation twice, and each time probation was revoked and reinstated on the condition that he waive credits and serve additional time in county jail. The order reinstating and modifying probation on the second violation stated that appellant waived all prior credits for “all purposes.” Following revocation of his probation after a third probation violation the court sentenced appellant to five years in state prison. The court gave appellant credit for all time served in county jail after the date of the second waiver of credits.

Analysis

Appellant contends that when he waived credits in connection with the second probation violation, he did not knowingly and intelligently waive credits against a future prison sentence. He asks that we modify the judgment to award an additional 445 days of custody and conduct credits. He also contends that the court incorrectly calculated all days in custody that…