Murillo

Defendant pled guilty to second degree burglary (Pen. Code, § 459). Two factually unrelated cases were dismissed with Harvey waivers. Defendant was sentenced to the upper term of three years in state prison, with 117 days presentence credit.

On appeal, defendant challenges imposition of the upper term and the calculation of his presentence credits. In an unpublished portion of this opinion, we conclude the trial court properly imposed the upper term. In this published portion, we conclude the trial court properly denied defendant presentence credits (§§ 1203.03, subd. (g), 2900.5) for time he spent in custody attributable to the dismissed charges, including custody during a diagnostic study. (§ 1203.03.) We shall affirm the judgment.

Background

On July 21, 1983, defendant committed a burglary and was subsequently charged with this offense (§ 459) in the instant case. (Case No. 7821.) On November 22, 1983, defendant first pled guilty to the present charge of second degree burglary. On January 31, 1984, defendant’s motion to withdraw the plea was granted. Except for one day of custody following his arrest, defendant remained free on bail on this charge throughout this…