People v. McClelland
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In 1994, David D. McClelland pleaded guilty to second-degree murder and was sentenced to 15 years to life in a California state prison. In 2019, he filed for resentencing under Penal Code section 1170.951, which provides a mechanism for defendants who were not the principal in a murder but were charged due to imputed malice. The court scheduled and rescheduled an evidentiary hearing multiple times at the request of both parties.
In 2022, the prosecution responded to the order to show cause, planning to rely on the grand jury transcript and McClelland’s statements in Department of Corrections and Rehabilitation records as evidence. McClelland’s counsel requested the court not to consider certain hearsay testimony and argued the evidence was insufficient to sustain his conviction beyond a reasonable doubt.
During a hearing in September 2022, the prosecution presented additional evidence, and McClelland's counsel requested the court to take McClelland's age at the time of the offense into consideration. McClelland's counsel then agreed to the court issuing a written ruling, and the court took the matter under submission. In November, the court denied the petition, ruling that McClelland was ineligible for resentencing as the evidence showed beyond a reasonable doubt that he aided and abetted the actual killer.
McClelland appealed, arguing that he was denied due process because he was not present at the evidentiary hearing. The court disagreed, stating that the September hearing, in which all parties were present and evidence was presented, was the evidentiary hearing as per section 1172.6(d)(3). The court affirmed the lower court's decision.
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