Adrian

Defendant is serving a prison term. His only claim on appeal is that the sentencing court failed to give him credit against his prison term for days spent in jail on a separate misdemeanor offense, and later in prison after revocation of parole on an earlier offense. Because of “fortuitous charging decisions” in the separate cases, he argues, there was a denial of the “equality” ordinarily anticipated when concurrent sentences are ordered.

The pertinent part of defendant’s criminal history starts with an assaultive crime in 1980, followed by imprisonment and eventual release on parole. In 1982 he committed the subject offense, felony drug possession, and upon conviction received probation with conditions, including serving jail time. Later, in unrelated proceedings, his parole was revoked because he had absconded from parole supervision. After a second parole release, probation on the subject offense was revoked for “failure to report” as required. Probation was reinstated, with more jail time as a condition.

In March 1985, defendant was arrested in a different county and convicted of misdemeanor weapon possession, receiving summary probation with conditions which…