People v. McClelland CA2/3

Filed 10/26/21 P. v. McClelland CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B312254

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA086676 v.

SEAN MCCLELLAND,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

In 2018, defendant Sean McClelland pled no contest to kidnapping, threatening, and attempting to murder his parents. As part of the plea agreement, he agreed to waive all presentence custody credits. In 2021, defendant filed a motion asserting he was entitled to presentence custody credit for time he had spent confined to a state hospital. The trial court denied the motion, and defendant appeals. We affirm.

BACKGROUND1

By felony complaint filed July 6, 2016, defendant was charged with two counts of kidnapping (Pen. Code, 2 § 207, subd. (a); counts 1–2); one count of attempted murder (§ 664/187, subd. (a); count 3); two counts of criminal threats (§ 422, subd. (a); counts 4–5); and one count of assault with a deadly weapon (§ 245, subd. (a)(1); count 6). As to counts 1–5, the information alleged defendant personally used a machete in the commission of the offense (§ 12022, subd. (b)(1)). The information also alleged defendant had previously been convicted of a strike offense (§§ 667, subd. (d), 1170.12, subd. (b)). On January 24, 2018, pursuant to a negotiated plea agreement, defendant pled no contest to counts 2 and 3, admitted the deadly-weapon allegation for count 2, and admitted the strike prior. During the plea colloquy, the following exchange occurred: