Penner

This is a People's appeal (Pen. Code, § 1238, subds. (a (5), (6); People v. Minjarez (1980) 102 Cal.App.3d 309, 312 [ 162 Cal.Rptr. 292 ]) from an order granting credits on defendant’s prison sentence pursuant to Penal Code sections 2900.5 and 4019.

In the instant case (No. A141450) defendant was charged in three counts with kidnaping, robbery and assault with intent to commit rape. Counts I and II involved the kidnaping and robbery of Jayme A. on May 14, 1978. Count III involved assault with intent to commit rape on Julie T. on October 25, 1978. Pursuant to a plea bargain defendant pleaded guilty to count III and was sentenced to state prison for two years in August 1979, with the other two counts dismissed. The court granted defendant 240 days’ credit on his sentence, including good time/work time. The People contend the granting of credit was erroneous.

At the time the instant offenses were committed defendant was on parole from a state prison term he was serving for his conviction of kidnaping and false imprisonment in 1972. Defendant was arrested on the instant charges on October 27, 1978, and a parole hold was placed on him on October 31, 1978.

Parole authorities…