People v. Wheeler CA4/1

Filed 3/6/15 P. v. Wheeler CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066423

Plaintiff and Respondent,

v. (Super. Ct. No. SCE336175)

RICHARD MICHAEL WHEELER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Daniel B.

Goldstein, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Respondent.

INTRODUCTION

In an amended felony complaint filed on January 29, 2014, Richard Michael

Wheeler was charged with committing a lewd and lascivious act on a child under the age

of 14 in violation of Penal Code1 section 288, subdivision (a). It was also that alleged

Wheeler had substantial sexual contact with the victim within the meaning of section

1203.066, subdivision (a)(8).

The court thereafter denied Wheeler's Marsden2 request that the court replace his