Arnold

I concur.

I write separately, however, to emphasize that there is no indication defendant limited the scope of his custody credit waivers in any way. Nor is this a case in which the trial court, sentencing a defendant who has violated probation to state prison, concluded that in the interests of justice some adjustment for time served was appropriate. Those scenarios present questions we leave to another day.

In this case we interpret the scope and effect of a defendant's waiver of custody credits — commonly referred to as a " Johnson waiver" ( People v. Johnson (1978) 82 Cal.App.3d 183 , 147 Cal.Rptr. 55 ( Johnson )) — which enables a sentencing court to reinstate a defendant on probation after he or she has violated probation, conditioned on service of an additional county jail term, as an alternative to imposing a state prison sentence. We conclude that when a defendant knowingly and intelligently waives jail time custody credits after violating probation in order to be reinstated on probation and thereby avoid a prison sentence, the waiver applies to any future use of such credits should probation ultimately be terminated and a state prison sentence imposed. The Court of Appeal having concluded otherwise, the judgment of that court will be reversed.

Defendant was detained by police and found to be in possession of rock cocaine base, a pager, and a large amount of cash. On October 21, 1997, representing himself, he pled no contest to possession of a controlled substance. (Health & Saf.Code, § 11350, subd. (a).) To avoid a state prison sentence, he entered a Johnson…

In this case we interpret the scope and effect of a defendant’s waiver of custody credits—commonly referred to as a “Johnson waiver” (People v. Johnson (1978) 82 Cal.App.3d 183 [ 147 Cal.Rptr. 55 ] (Johnson)— which enables a sentencing court to reinstate a defendant on probation after *298 he or she has violated probation, conditioned on service of an additional county jail term, as an alternative to imposing a state prison sentence. We conclude that when a defendant knowingly and intelligently waives jail time custody credits after violating probation in order to be reinstated on probation and thereby avoid a prison sentence, the waiver applies to any future use of such credits should probation ultimately be terminated and a state prison sentence imposed. The Court of Appeal having concluded otherwise, the judgment of that court will be reversed.

Facts and Procedural Background

Defendant was detained by police and found to be in possession of rock cocaine base, a pager, and a large amount of cash. On October 21, 1997, representing himself, he pled no contest to possession of a controlled substance. (Health & Saf. Code, § 11350, subd. (a).) To avoid a state prison…