Chavez

We hold that Penal Code section 1381 1 means, in the part pertinent to this proceeding, exactly what it says. If a defendant in a pending misdemeanor proceeding is sentenced to and enters upon a term of more than 90 days in a county jail in a different proceeding and thereafter delivers to the district attorney in the pending proceeding a request to be brought to trial within 90 days, he must be brought to trial within 90 days, *132 even though less than 90 days of the jail term remain to be served at the time the request for trial is made.

Upon the facts before us, petitioner Baldomero Chavez is entitled to, but has been denied, a dismissal of misdemeanor charges pending against him. Accordingly, we issue the writ of mandate he seeks.

A drunk driving charge has been pending against Chavez in Santa Clara County Municipal Court since 1980. On November 18, 1982, he was sentenced, in an unrelated Alameda County action, to 120 days in the county jail and entered upon the term of imprisonment. His release date was to be January 29, 1983, if he paid a fine, or February 21, 1983, if not. On December 9, 1982 (less than 90 days before the later release date), Chavez received…