Velasquez

*479 Opinion

Statement of the Case

This appeal presents a narrow question of first impression: whether a defendant serving a justice court sentence who is removed from jail before the expiration of the sentence and committed to the California Rehabilitation Center (CRC) pursuant to a superior court sentence on a different charge is entitled to credit for the time spent at CRC before the expiration of the justice court sentence. We answer the question in the affirmative. Two other minor credit issues are also raised.

On July 14, 1977, appellant was charged with selling heroin (Health & Saf. Code, § 11352) or in the alternative, selling a substance in lieu of a narcotic (Health & Saf. Code, § 11355). He was arrested on July 18, 1977, while serving a previous jail sentence for being under the influence of heroin imposed by the Tulare County Justice Court. Appellant pleaded not guilty to the felony charge.

Appellant was thereafter tried and convicted of selling heroin. Criminal proceedings were suspended, and he was committed to CRC, being received there on October 22, 1977. According to the probation officer’s report, appellant’s justice court sentence was due to expire on…