Juarez

Appellant appeals from his sentence to a term of probation conditioned upon his waiver of all credits for time served. The trial court’s order suspended a maximum sentence to state prison and required appellant to participate in a residential drug treatment program. Appellant contends that the time he may spend incarcerated will exceed the maximum permitted by statute. Appellant’s court-appointed counsel has asked us to review the record of the conviction pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ], and filed a petition for writ of habeas corpus, which we ordered to be considered with the appeal. At our request, both sides filed supplemental briefs regarding the propriety of the sentence ordered by the trial court. We affirm.

Introduction

This case illustrates an anomaly which persists in the wake of the Supreme Court’s opinion in People v. Johnson (2002) 28 Cal.4th 1050 [ 123 Cal.Rptr.2d 700 , 51 P.3d 913 ] (Johnson II), which discussed the circumstances under which a trial court can require a defendant to waive credits for time served, on top of a maximum sentence, in order to obtain probation. The Supreme Court upheld the…