P. v. Donado
Appellant Oscar Hugo Donado pleaded no contest to second degree robbery. The court granted Donado probation and ordered him to serve a year in jail. After several probation violations, Donado agreed to waive credits so that he could serve another jail term and be reinstated on probation. Donado failed to surrender as ordered to serve that jail term. The court sentenced Donado to prison. On appeal Donado challenges the trial courts refusal to give the waived presentence credits back to him. Court conclude Donado is not entitled to recapture the credits he waived in exchange for being reinstated on probation. Donados waiver was unambiguous and the trial court fully complied with its obligations under the agreement. Donado not the trial court bears sole responsibility for his failure to receive the promised jail term.
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