PEOPLE v. McCLELLAND

No. D081369.

100 Cal.App.5th 1109 (2024)

THE PEOPLE, Plaintiff and Respondent, v. DAVID D. McCLELLAND, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

March 27, 2024.


Attorney(s) appearing for the Case

Barbara A. Smith and Leslie A. Rose , under appointments by the Court of Appeal, for Defendant and Appellant.

Rob Bonta , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Charles C. Ragland , Assistant Attorney General, Arlene A. Sevidal , James M. Toohey and Andrew Mestman , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

David D. McClelland appeals the denial of his petition for resentencing. He argues the trial court violated his due process rights because he was not present at what he misconstrues as the evidentiary hearing. However, he was present at a hearing, which we conclude—looking to its substance and effect...

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