People v. Wheeler CA2/6

Filed 8/5/25 P. v. Wheeler CA2/6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B314403 (Super. Ct. No. 20F-06062) Plaintiff and Respondent, (San Luis Obispo County)

v. OPINION ON TRANSFER FROM SUPREME COURT JOSHUA WHEELER,

Defendant and Appellant.

A jury found Joshua Wheeler guilty of four counts of forcible rape (Pen. Code,1 § 261, subd. (a)(2)) and four counts of forcible sexual penetration (§ 289, subd. (a)(1)(C)). As to each count, the jury found the victim was a minor 14 years of age or older. The trial court sentenced Wheeler to a total term of 76 years in state prison. In our prior opinion, we concluded Wheeler is not entitled to a new sentencing hearing under section 1170 as amended.

1 All further statutory references are to the Penal Code

unless otherwise stated.

(Stats. 2021, ch. 731, § 1.3.) We also concluded that Wheeler is not entitled to a jury determination on imposing consecutive sentences under section 667.6, subdivision (d). Our Supreme Court ordered that we vacate our decision and reconsider the cause in light of People v. Salazar (2023) 15 Cal.5th 416 (Salazar I), and People v. Lynch (2024) 16 Cal.5th 730 (Lynch). Having done so, we affirm again. FACTS Jane Doe is Wheeler’s stepdaughter. Wheeler is the biological father of Doe’s five younger siblings. They all lived together in Oceano. Wheeler began touching Doe inappropriately when she was 13 or 14 years old. By the time she was 16 years old, he was having intercourse with her weekly, then almost daily. It happened in her bed at her home. Doe froze during intercourse. She had seen Wheeler being violent with her mother. Doe said her mother left the home multiple times. Her mother was in a psychiatric hospital from September 2018 to November 2019. Wheeler looked after the family while her mother was gone. Doe eventually told a counselor at her high school and Wheeler was arrested. Sentencing At sentencing Wheeler’s counsel argued for the low term: no force or threat of force was used, Wheeler had no prior felony offenses, and he was raised by a single mother. The trial court found as aggravating factors that the victim was particularly vulnerable; that Wheeler’s acts reflected a high degree of callousness; and, as “an overwhelming factor,” that he took advantage of a position of trust or confidence.