In Re Wright

Opinion

THE COURT.

*

Petitioner seeks a writ of habeas corpus granting appropriate presentence credits upon his prison commitment.

Facts

On December 10, 1981, petitioner was arrested upon a parole violation and also for possession of drugs seized that date.

On December 23, 1981, petitioner waived his right to a parole revocation hearing upon five separate parole violation charges, including possession of methamphetamines on December 10, 1981. Based upon this waiver, the parole authorities ordered petitioner returned to custody for 12 months. Although the record does not indicate that petitioner’s parole was formally revoked, we shall presume such a revocation occurred on or about December 23,1981, and that it was grounded upon all five parole violations charged.

On May 24, 1982, petitioner pled guilty to possession of methamphetamines for sale on December 10, 1981. On June 21, 1982, he was sentenced to prison upon this offense for three years without presentence credits.

Petitioner was in continuous custody from December 10,1981, until June 21, 1982, a period of 194 days.

[70]

Discussion

Petitioner is entitled to 194 days credit pursuant to Penal Code section 2900.5 and 97 days credit pursuant to Penal Code section 4019.

(In re Anderson

(1982) 136 Cal.App.3d 472 [186 Cal.Rptr. 269].)

We respectfully decline to follow

People

v.

Boney

(1982) 136 Cal.App.3d 744 [156 Cal.Rptr. 811] and

People

v.

Luna