People v. McClelland CA2/1

California Court of Appeal Nov 18, 2025 No. B341128Unpublished

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Holding. The court held that a probation violation cannot be based on conduct occurring after the probationary term has expired, nor can it be based on a failure to appear without evidence that the defendant willfully violated a known court order.

Issues

Whether a probation violation can be based on criminal conduct occurring after the expiration of the probationary period.
Whether a failure to appear at a hearing constitutes a willful probation violation absent evidence of notice or a court order.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the “tolling provision preserves the trial court’s authority to adjudicate, in a subsequent formal probation violation hearing, whether the probationer violated probation during, but not after, the court-imposed probationary period.””

“no evidence demonstrated McClelland was aware of any order to appear. Finally, even assuming McClelland’s awareness of any such order to appear, no evidence demonstrated any willful failure to appear.”

Filed 11/18/25 P. v. McClelland CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B341128

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA032428) v.

ROBERT JOHN McCLELLAND,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Maria A. Davalos, Judge. Reversed and remanded with directions. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jonathan M. Kraus and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent. __________________________________

In July 1995, appellant Robert John McClelland pled guilty to two counts of committing a lewd act with a child under 14. The court imposed and suspended a six-year sentence and placed McClelland on three years’ probation. On January 21, 1998, McClelland’s probation officer filed a report with the court, recommending revocation of probation due to McClelland’s failure to report, and the court summarily revoked probation at a hearing on the same date. In 2001, McClelland was convicted in Arizona for molesting a child in September 1998 and sentenced to 24 years in prison. He was released in May 2024. In October 2024, the court found McClelland violated probation by not appearing at the January 1998 hearing, and by molesting a child in September 1998. The court revoked McClelland’s probation and sentenced him to six years in prison. Because we conclude no substantial evidence supports a finding that McClelland willfully failed to appear at the January 1998 hearing and because the September 1998 offense occurred after McClelland’s probation had ended, we reverse.1

People v. McClelland CA2/1

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B341128

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FACTUAL AND PROCEDURAL BACKGROUND

M. KIM, J.

WEINGART, J.

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