P. v. Jeffrey 3/13/02 CA1/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A095147

Case Date: 06/13/2002

Preview:Filed 3/13/02

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. SHELLY JEAN JEFFREY, Defendant and Appellant. (Solano County Super. Ct. Nos. FC170864, FC180308) A095147

Shelly Jean Jeffrey appeals from a judgment, contending that the trial court erred when sentencing her to prison for a probation violation because it refused to give her presentence credits for all of the time she had served in county jail and in an uncompleted drug treatment program. Defendant concedes that she waived those credits at the time probation was first imposed, but argues she did not make a knowing and intelligent waiver of them as against a subsequently imposed prison term. We conclude defendant was not entitled to such credits because she never expressly reserved her right to reclaim them against any future prison term, and affirm the judgment. BACKGROUND A criminal complaint filed against defendant in case number FC170864 charged her with wrongfully obtaining welfare benefits by misrepresenting that her son lived with her during the second half of 1997, when he did not do so (Welf. & Inst. Code,

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