People v. Riolo

Opinion

BIRD, C. J.

The sole issue raised by this appeal is appellant’s right to have credited against his consecutive prison terms the days he served in custody both prior to conviction and as a condition of probation.

I

In June of 1981, appellant entered a plea of nolo contendere to a charge of second degree burglary. (Super. Ct. No. 136395; Pen. Code, §§ 459, 460. 1 ) He was sentenced to prison for the upper base term of three years. (§§ 18, 461.)

At the time, appellant was on probation for two separate prior convictions. (Nos. 131708 and 127947.) The trial court revoked his probation in both…