People v. Rodgers

Opinion

FEINBERG, J.

The sole issue on this appeal is whether appellant is entitled to credit upon his sentence for 78 days which he spent in Delancey Street Foundation as a condition of probation. We hold that Penal Code section 2900.5 mandates that such credit be given.

Appellant entered a plea of guilty to violation of Penal Code section 12021. On April 14, 1976, the court granted him three years probation and ordered that he maintain residence at Delancey Street Foundation for at least one year, or upon release by the adult probation officer. On August 19, 1976, the probation officer filed a…