Rodgers

The sole issue on this appeal is whether appellant is entitled to credit upon his sentence for 78 days which he spent in Delancey Street Foundation as a condition of probation. We hold that Penal Code section 2900.5 mandates that such credit be given.

Appellant entered a plea of guilty to violation of Penal Code section 12021. On April 14, 1976, the court granted him three years probation and ordered that he maintain residence at Delancey Street Foundation for at least one year, or upon release by the adult probation officer. On August 19, 1976, the probation officer filed a petition alleging that appellant had violated the conditions of probation in that he had failed to remain at Delancey Street and had failed to report to the department when instructed to do so. The court revoked probation and issued a bench warrant. On January 19, 1977, the court pronounced judgment and sentenced appellant to prison. We affirmed the judgment on appeal. On August 16, 1977, appellant petitioned the trial court for credit upon his sentence for time served at Delancey Street. The motion was argued and denied. This appeal followed. (See Pen. Code, § 1237, subd. 2.)

The facts of this case…