Ambrose

*1920 Opinion

In this case, we hold that the trial court validly required appellant to waive any right to future custody credit, for the time he would spend in a residential alcohol treatment center, as a condition of probation. 1 We also hold appellant could knowingly and intelligently waive his right to future custody credit, even though the amount of the prospective credit was then necessarily unknown.

I. Facts and Procedural History

In October 1989, appellant pleaded guilty to second degree burglary (Pen. Code, 2 § 459) and to receiving stolen property (§ 496). The court sentenced appellant to concurrent upper terms of three years in state prison, suspended execution of sentence, and placed him on probation on condition he serve two hundred forty days in the county jail.

In addition to the standard conditions of probation, the court ordered appellant to abstain from the use of alcohol and other intoxicants. In March 1990, appellant was arrested while extremely intoxicated. Appellant subsequently admitted violating the terms of his probation.

In June 1990, the court agreed to reinstate appellant on probation on condition he successfully complete a residential alcohol abuse…