People v. McClain CA2/3

BACKGROUND

McClain was charged with various offenses after he broke into his ex-girlfriend’s apartment while she was present. Pursuant to a negotiated plea, McClain agreed to plead no contest to first degree residential burglary with a person present (Pen. Code,1 §§ 459, 667.5, subd. (c)(21)), for which he would be sentenced to three months’ probation and to a four-year term, execution suspended. Accordingly, on April 27, 2021, McClain pled no contest to that offense and admitted that another person was present in the residence during the burglary. McClain also signed a plea form in which he agreed that if he failed to appear for sentencing “without a legal excuse” his plea would become an open plea, he would not be allowed to withdraw his plea, and he could be sentenced to the maximum allowed by law. He further agreed that a judge other than the one who had taken his plea would sentence him.2 McClain was released on his own recognizance and ordered to appear on May 20, 2021, at 8:30 a.m., for sentencing.

1 All further undesignated statutory references are to the Penal Code. 2 The Honorable Emily Cole took McClain’s plea, and the Honorable Lisa Chung imposed the sentence.

2 As…