In Re McCarthy

Petitioner Michael H. McCarthy is serving concurrent sentences in state prison arising from convictions in Sonoma and Marin Counties. By this petition for writ of habeas corpus, he seeks additional sentencing credits. On April 17, 1986, we issued our order to the Director of the Department of Corrections to show cause why McCarthy’s request should not be granted. Respondent has submitted his return and petitioner his traverse. (In re Hochberg (1970) 2 Cal.3d 870, 874 [ 87 Cal.Rptr. 681 , 471 P.2d 1 ]; In re Lewallen (1979) 23 Cal.3d 274, 277-278 [ 152 Cal.Rptr. 528 , 590 P.2d 383 , 100 A.L.R.3d 823 ].) There being no factual dispute, the question presented is solely one of law (In re Saunders (1970) 2 Cal.3d 1033, 1048 [ 88 Cal.Rptr. 633 , 472 P.2d 921 ]) which we determine in petitioner’s favor and grant the requested relief.

Background

The undisputed facts framed by the pleadings follow:

On October 22, 1983, petitioner was arrested in Sonoma County and charged with driving a stolen auto. (Veh. Code, § 10851.) The car had been taken from a Belvedere residence at the same time it was burgled. (Pen. Code, § 459.) On the same day, the Tiburón police informed Sonoma…