In Re Chamberlain

Opinion

FILES, P. J.

In this habeas corpus proceeding petitioner seeks a modification of the terms of his probation so as to give him credit for presentence custody pursuant to Penal Code section 2900.5.

The facts are not in dispute. On March 11, 1977, an information was filed charging petitioner with assault with a deadly weapon upon a peace officer, a violation of Penal Code section 245, subdivision (b). Under the law then applicable, the punishment for that offense was imprisonment in the state prison for six months to life.

*716On March 14, 1977, petitioner pleaded guilty before Judge Stevens.…