People v. UC-Menjivar CA1/4

I.

INTRODUCTION

After appellant Christopher UC-Menjivar committed multiple probation violations, the trial court agreed to continue him on probation in exchange for appellant’s waiver of custody credits for any future violations. Thereafter, at three subsequent hearings the trial court found appellant to have violated the terms of his probation, and extended his probation without applying any custody credits, and without objection by appellant. Now for the first time on appeal, appellant claims that his waiver was ambiguous and not knowingly and intelligently made, and he should have been awarded custody credits toward the three-year county jail sentence he received ultimately. We disagree, and affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In 2009, at the age of 12, appellant was adjudged a ward of the juvenile court and placed on probation in a group home. The wardship petition alleged that appellant had committed assault with a deadly weapon, vandalism, and participated in a criminal street gang. In the following four years, appellant admitted to more than a dozen violations of probation. In 2013, when appellant was 16 years old, he was found unfit for…