People v. McClelland CA2/3

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…