The Court of Appeal agrees with the parties that a defendant placed on probation for reckless evading (VC 2800.2(a)) is not required to serve any amount of custody time as a condition of probation. The court, however, finds that remand would be an idle act because the trial court indicated that it would have imposed 180 days of custody time as a condition of probation even absent its mistaken belief that it was required to do so.
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