Downey

Robert John Downey, Jr., appeals from the judgment entered following revocation of probation previously granted upon his plea of no contest to possession of cocaine, misdemeanor driving under the influence of alcohol and/or drugs, misdemeanor possession of a concealed firearm in a vehicle, and misdemeanor being under the influence of a controlled substance. (Health & Saf.'Code, § 11350, subd. (a); Veh. Code, §23152, subd. (a); Pen. Code, § 12025, subd. (a)(1); Health & Saf. Code, § 11550.) He was sentenced to three years in prison, with jail terms imposed on the misdemeanors.

Appellant contends that (1) the trial court erroneously believed it was required to impose a consecutive term for the felony offense; (2) the misdemeanors must be deemed to run concurrently with each other because the trial court failed to designate how they were to run in relation to each other; (3) since the misdemeanor counts must be deemed to run concurrently, the custody credits exceeding the time imposed on these counts must be applied to the felony count; (4) if the misdemeanor counts are deemed to run consecutively, credit for 240 days in county jail imposed as a condition of reinstating…