People v. McClain CA2/1

BACKGROUND

A. Charges and No Contest Plea An information, dated January 24, 2017, charged McClain and a codefendant with two counts of willful, deliberate, and premeditated attempted murder alleged to have occurred on the same date. The information also alleged, in pertinent part, that both defendants (and a principal) personally and intentionally discharged a firearm, causing great bodily injury to the two victims. (§ 12022.53, subds. (b)-(e)(1).) As to McClain, the information included prior conviction allegations, including the allegation that he had a prior robbery conviction that qualified as

1 Undesignated statutory references are to the Penal Code.

2 a prior strike conviction under the “Three Strikes” law. (§§ 667, subd. (d) & 1170.12, subd. (b).) On July 27, 2017, McClain waived his constitutional rights, withdrew his not guilty plea, and pleaded no contest to both counts of attempted murder. The prosecution dismissed the allegations that the attempted murders were willful, deliberate, and premeditated. As to count 1, McClain admitted he personally used a firearm. (§ 12022.53, subd. (b).) He also admitted the prior strike conviction. The parties stipulated to, and…