Is there any evidence that a defendant knowingly waived his right to custody credits under section 4019?
California, United States of America
The following excerpt is from People v. Dowd, E067332 (Cal. App. 2018):
Relying on People v. Black (2009) 176 Cal.App.4th 145 (Black), defendant claims "there is no evidence in the record [defendant] ever waived his right to custody credits under section 4019" and that, absent such evidence, "this [c]ourt cannot conclude that [defendant] knowingly and intelligently waived his right to section 4019 credits." Defendant is mistaken. As noted, defendant signed two documents waiving his custody credits under section 4019.
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