Tran
People v. Tran
Opinion
Lead Opinion
Lambden, J.
Thuan Tan Tran pleaded guilty to three counts of grand theft (Pen. Code, § 487) in exchange for the prosecutor’s dismissal of two *385 other pending cases and the court’s dismissal of an “out on bail” enhancement under section 12022.1. 1 The court sentenced Tran to the aggravated sentence on each count for a total term of four years and four months, suspended imposition of sentence, and placed Tran on probation for five years on specified conditions, including serving 18 months in the county jail and Tran’s agreeing to waive his entitlement to custody credits under section 2900.5 for jail time served as against any future state prison sentence.
Tran appeals, arguing that the required prospective waiver of section. 2900.5 credits was not a reasonable condition of probation and constituted an unauthorized sentence. We agree and will remand with directions to strike the waiver as a condition of probation.
Factual and Procedural Background
Appellant Tran waived a preliminary hearing and entered a negotiated plea of guilty to the three counts of grand theft that were alleged in the amended complaint. Count 1 alleged theft of $9,500 from Washington Mutual Bank on September…