Cerda

Petitioner seeks a writ of mandate ordering respondent superior court to file his notice of appeal from its order denying him credit for the time he was detained in the county jail pursuant to a parole hold while awaiting trial on pending criminal charges. Since the relief sought is properly the subject of relief by way of habeas corpus we have treated the petition as one for habeas corpus and have issued an order to show cause why the relief prayed for should not be granted.

On November 17, 1970, petitioner was arrested upon criminal charges while on parole. A parole hold was placed on him and he remained confined in the county jail until February 19, 1971, when he was sentenced to the state prison for conviction of second degree burglary and possession of drugs. Petitioner asserts he is entitled to credit of 103 days on this sentence for his confinement prior to said sentence.

Penal Code section 2900.5, enacted in 1971 and effective as of March 4, 1972, provides, in pertinent part, as follows: “(a) In all felony convictions . . . when the defendant has been in custody in any city, county, or city and county jail, all days of custody of the defendant from the date Of…