In Re Fluery

Petitioner, an inmate of San Quentin Prison, applied for a writ of habeas corpus on the ground that the Adult Authority improperly refused him credit on his prison term for time spent in jail. The allegations of his petition and the Summary of Sentence Data prepared by the Department of Corrections showed that contrary to In re Patton, 225 Cal.App.2d 83, 87 [36 Cal.Rptr. 864], he was not credited for time served under a misdemeanor sentence that ran concurrently with his prison sentence and that contrary to Aguilera v. California Dept. of Corrections, 247 Cal.App.2d 150, 153 [55 Cal.Rptr.…