P.

DISCUSSION

We dispense with facts of defendant’s crime and probation violations, as they are unnecessary to resolve this appeal. Defendant’s sole claim is that he was entitled to custody credits for the 91 days he spent in a residential rehabilitation facility. Pursuant to a condition of his probation, defendant entered the Skyway House Residential Treatment Program on June 2, 2011, and remained there until leaving on August 31, 2011. A defendant is entitled to custody credit under section 2900.5, subdivision (a), for time spent in a residential rehabilitation facility if the placement was “custodial” and the custody was attributable to the proceedings relating to the conduct for which the defendant has been convicted. The award of credits did not include the 91 days spent in the residential treatment program. Defendant admits that the initial grant of probation included condition number 20, which states in pertinent part: “No custody time credits will accrue for participation in a residential treatment program, as a condition of probation” (boldface type in original), but claims he never agreed to the condition. It is well settled that a defendant may waive custody credits as a…