Heard

NEWSOM, Acting P.J.

Upon revocation of appellant's probation, he was sentenced to the middle term of three years for aggravated assault (Pen. Code, § 245, subd. (a)(1)). [1] He was awarded 217 days of presentence custody credits and 108 days of conduct credits. On appeal, he challenges only the award of credits.

First, he contends that the trial court miscalculated his presentence custody credits, due primarily to an inaccurate listing of the arrest date as October 26, 1992, in the supplemental probation report. Documentary evidence reveals that appellant was actually arrested and placed in custody on October 22, 1992, and sentenced on December 3, 1992. Appellant is entitled to credit for both the date of his arrest and date of sentencing, so he must be awarded 43 days presentence custody credit rather than 38 days, as the Attorney General concedes. ( People v. Fugate (1990) 219 Cal. App.3d 1408, 1414 [ 269 Cal. Rptr. 37 ]; People v. Bravo (1990) 219 Cal. App.3d 729, 735 [ 268 Cal. Rptr. 486 ]; In re Jackson (1986) 182 Cal. App.3d 439, 442-443 [ 227 Cal. Rptr. 303 ].) Thus, including prior presentence days in custody — of 179 days before appellant was granted probation…