In Re Pollock

All persons convicted of felony oífenses are entitled to credit for time spent in custody prior to the commencement of their prison sentence. (Pen. Code, § 2900.5, subd. The question raised by this petition for habeas corpus relief is whether a defendant is entitled to receive credit upon a prison sentence for the period of jail time spent awaiting disposition of the criminal proceedings which resulted in that sentence if during that same period of custody the defendant is serving a prison sentence on a conviction for an unrelated offense.

The dispute centers upon a portion of the time petitioner spent in a jail in Santa Clara County. On April 11, 1976, petitioner was arrested for an armed robbery he committed in Santa Clara County and was placed in the Santa Clara jail. On September 3, 1976, petitioner was sentenced to state prison on the Santa Clara armed robbery, following a court trial at which he was found guilty of the charge. If there were no other facts, petitioner would be entitled to credit upon his Santa Clara armed robbery conviction for all the days he spent in jail awaiting trial and sentencing thereon, which was from the day of his arrest on April 11,…