Is a defendant entitled to credit for time served under section 2900.5 of the California Probation Code?

to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine, including, but not limited to, base fines, on a proportional basis." ( 2900.5, subd. (a).) "A sentence that fails to award legally mandated custody credit is unauthorized and may be corrected whenever discovered." (People v. Taylor (2004) 119 Cal.App.4th 628, 647.)

Defendant was ordered to serve 30 days in jail as a condition of her probation with credit for three days served. Upon sentencing defendant after her violation of probation, the trial court did not award defendant any credit for time served. The record does not disclose a knowing and intelligent waiver of defendant's right to custody credits under section 2900.5. (People v. Johnson (1978) 82 Cal.App.3d 183.) Nor does the record reflect how many days defendant actually served. Accordingly, we will remand the matter to the trial court to comply with section 2900.5 including any credit toward fines if appropriate.