Davis

In March 1981 Tony Davis was convicted of stealing a credit card in case CR 52773. The court placed him on five years probation subject to his serving three hundred days in jail. In October 1982 Davis was convicted of shoplifting in another case, CR 59674. The court again placed him on probation subject to his serving 200 days in jail. On July 5, 1984, Davis was arrested for having used or been under the influence of controlled substances. In the ensuing investigation his probation officer discovered Davis had been convicted of four misdemeanors in March and April 1983 for which Davis served a total of one hundred thirty-five days as conditions of misdemeanor probation. On August 6, 1984, the court revoked Davis’ probation in both CR 52773 and CR 59674 because of his misdemeanor convictions and sentenced him to prison. He was given credit for the time served as probation conditions in both felony cases but was not given credit for the 135 days spent on the misdemeanors. Davis appeals. His principal argument is that he is entitled to 135 days credit under Penal Code section 2900.5 as interpreted in In re Atiles (1983) 33 Cal.3d 805 [ 191 Cal.Rptr. 452 , 662 P.2d 910 ] and…