P. v. McClelan
On April 10, 2009, the Madera County District Attorney filed an information in superior court charging appellant Dawon McClelan with two counts of robbery (Pen. Code,[1] § 211) with use of a deadly weapon (§ 12022, subd. (b)(1)). On April 16, 2009, appellant was arraigned, pleaded not guilty to the substantive counts, and denied the special allegations. On September 23, 2009, jury trial commenced. On September 25, 2009, the court declared a mistrial after the jury was unable to reach a verdict after extensive deliberations.
On November 5, 2009, appellant entered into a plea agreement with the prosecution. Appellant pleaded guilty to count 1 and admitted the truth of the related special allegation. On motion of the district attorney, the court dismissed count 2 and the related special allegation. On December 2, 2009, appellant filed a statement in mitigation (§ 1170, subd. (b), Cal. Rules of Court, rule 4.437).
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