In In re Rojas (1979) 23 Cal.3d 152, the defendant was convicted of manslaughter and sentenced to state prison. (Id. at p. 154.) A year later, he was charged with murder in an unrelated case. (Ibid.) The defendant was transferred from state prison to county jail to await trial in the murder case. (Ibid.) Following trial, the defendant was convicted of second degree murder and sentenced to state prison for the term prescribed by law to run concurrently with his prior sentence for manslaughter. (Id. at p. 155.) The defendant remained in county jail until the date of his sentencing in the murder case, a period of 207 days. (Ibid.) The defendant filed a petition for writ of habeas corpus seeking presentence custody credit against the sentence in his murder case for the 207 days he spent in county jail awaiting trial on the murder charge. (Rojas, supra, 23 Cal.3d at p. 155.) The Supreme Court denied the petition, stating that "the sole question is whether the defendant is entitled to a credit against his second degree murder sentence for the 207 days he spent in county jail while awaiting trial and disposition of that charge when he would necessarily have served that 207-day period in state prison for the original manslaughter conviction and when he was already receiving credit for that period against his original conviction. We conclude that the proper interpretation of Penal Code section 2900.5 denies the defendant the credit he seeks." (Rojas, supra, 23 Cal.3d at p. 155.) According to the court in Rojas, "there is no reason in law or logic to extend the protection intended to be afforded one merely charged with a crime to one already incarcerated and serving his sentence for a first offense who is then charged with a second crime. As to the latter individual the deprivation of liberty for which he seeks credit cannot be attributed to the second offense. Section 2900.5 does not authorize credit where the pending proceeding has no effect whatever upon a defendant's liberty." (Rojas, supra, 23 Cal.3d at p. 156.)