Ross

Appeal from a judgment entered following revocation of probation and imposition of state prison term.

At issue in this case is whether Penal Code section 2900.5 entitles appellant to credit towards his felony sentence for all days spent in custody on two misdemeanor convictions which were the basis of his felony probation revocation. We hold it does not.

On June 8, 1982, appellant entered a plea of nolo contendere to battery resulting in the infliction of great bodily injury. (Pen. Code, §§ 242, 243, subd. (d).) Imposition of sentence was suspended and appellant was placed on probation for 36 months on the conditions, inter alia, that he not violate any laws and that he spend the first 270 days of the probationary period in county jail with presentence custody credit.

Appellant completed this jail sentence and was released. Later he was arrested on two misdemeanor offenses for which he received jail sentences. After these sentences were imposed, a notice of revocation of probation was filed, alleging the misdemeanor offenses constituted a violation of appellant’s probation. Appellant’s probation was revoked and he was committed to the county jail. He was then sentenced…