Veley

In October 1980 defendant in this principal action pled guilty to possession of phencyclidine (PCP) for sale. He was placed on three years felony probation, one condition of which was six months local incarceration. Against this term, defendant received certain presentence credits. In June 1982 he was arrested twice for being under the influence of PCP. He was sentenced to jail for a total of 120 days on these new misdemeanors. In November 1982 he completed service of the jail sentences. One month later the trial court revoked appellant’s probation in the principal action after taking judicial notice of his two misdemeanor convictions. A “Declaration Letter (Violation of Probation)” dated November 30, 1982, asked the trial court to revoke probation for these new offenses. He was sentenced to prison for the four-year middle base term.

The abstract of judgment reflects 198 days of presentence credits for the actual time served as a condition of probation (Pen. Code, § 2900.5, subd. (a)) plus conduct credits for this period (Pen. Code, § 4019, subd. (a)(2)). Defendant now contends he should receive credit for the time spent in county jail on the two misdemeanor charges…