Tate

I.

INTRODUCTION

Marcia Lareah Tate appeals from an order revoking probation and imposing a seven-year prison term. Tate contends that the trial court erred in awarding her zero days of Penal Code section 4019 conduct credits. Tate argues that the court erroneously concluded that she had waived all section 4019 conduct credits, including future credits, by virtue of a December 11, 2014 agreement in which Tate admitted violating parole and agreed to waive her section 4019 credits in exchange for reinstatement of probation.

The People argue that Tate’s waiver included a waiver of future section 4019 credits that she might otherwise have earned, whereas Tate contends that she waived only the section 4019 credits that she had already earned at the time of the waiver. We conclude that the record in this case demonstrates only that Tate agreed to waive past conduct credits under section 4019. We therefore reverse the award of zero days of section 4019 conduct credits in the order revoking probation and imposing the seven-year prison term, and remand the matter for the limited purpose of determining Tate’s eligibility for conduct credits under section 4019 for the time period…