California v. Tate
Annotate this CaseMarcia Tate appealed an order revoking probation and imposing a seven-year prison term. Tate contended that the trial court erred in awarding her zero days of Penal Code section 4019 conduct credits, by concluding she had waived all conduct credits, including future credits, by virtue of an agreement in which Tate admitted violating parole and agreeing to waive her credits in exchange for reinstatement of probation. The State argued that Tate's waiver included a waiver of future section 4019 credits that she might otherwise have earned. After its review of the record, the Court of Appeal found that Tate agreed to waive past conduct credits under section 4019. The Court therefore reversed the award of zero days of section 4019 conduct credits in the order revoking probation and imposing the seven-year prison term, and remanded the matter for the limited purpose of determining Tate's eligibility for conduct credits under section 4019 for the time period after she waived section 4019 credits at a October 18, 2013 hearing.
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