In Re Thomas

Fred L. Thomas’ petition for habeas corpus asserts that the superior court incorrectly computed the number of days to be credited against his sentence for time he was in custody prior to being sentenced.

Thomas was arrested June 27, 1978. He has been in custody since that date. On March 13, 1979, 259 days later, he was sentenced to 8 years and 4 months in state prison. Fifteen days later, on March 28, he was delivered to the Department of Corrections to serve his sentence. The sentencing court is required to compute the number of days served prior to sentence and to enter it in the abstract of judgment. (Pen. Code, § 2900.5, subd. (d).) The agency to which the prisoner is committed shall apply the credit for the period between sentence and delivery. (Pen. Code, § 2900.5, subd. (e).) In Mr. Thomas’ case, the Department of Corrections has indicated 273 days from the time of Thomas’ arrest till delivery. This appropriately gives retroactive effect to section 2900.5 subdivision (e), enacted in 1980. (In re Kapperman (1974) 11 Cal.3d 542, 544-550 [ 114 Cal.Rptr. 97 , 522 P.2d 657 ].)

Penal Code section 4019, as interpreted by us in People v. McMillan (1980) 110 Cal.App.3d…