People v. Wheeler CA6

Filed 6/2/21 P. v. Wheeler CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047316 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 18CR00944)

v.

MATTHEW DAVID WHEELER,

Defendant and Appellant.

A jury convicted defendant Matthew David Wheeler of several felonies and misdemeanors arising out of two separate incidents of domestic violence involving his live-in girlfriend, C.C., and a third incident where he refused to comply with police officers after being pulled over for not wearing his seatbelt. The trial court sentenced Wheeler to a total term of three years eight months in state prison. I. FACTUAL AND PROCEDURAL BACKGROUND C.C. began dating Wheeler in 2013 and had a child, J.W., with him in December 2015. They moved into an apartment in Santa Cruz when J.W. was one and a half years old. After J.W. was born, Wheeler started getting angry with C.C. when J.W. or C.C. made too much noise while Wheeler was sleeping. Wheeler would call C.C. “names[] [and] belittle” her. Once a month or so, Wheeler would “kick [C.C.] out of the house” along with her belongings, telling her she had to “stay outside . . . and fend” for herself. Wheeler would occasionally hit or punch her, as well as push and shove her. When asked if there was “yelling,” C.C. replied, “Very much so.”

On November 27, 2017, C.C., J.W., and Wheeler were lying on a futon in their living room. C.C. and J.W. were watching videos on C.C.’s phone while Wheeler slept. Wheeler was awakened by the noise from the phone and he yelled at C.C. to “ ‘Turn that shit down.’ ” C.C. and Wheeler argued loudly about the volume, as well as that she was “not . . . in love with him anymore and how [her] phone was a problem.” Wheeler grabbed the phone from C.C. and broke it in two with his hands. He then grabbed C.C.’s arms and shoved her face into the carpet to keep her quiet. Wheeler let her up, and he and C.C. renewed their argument in the bedroom as he started getting dressed. The blinds on the window were open and Wheeler got upset because he did not want their neighbors to see them arguing. He grabbed C.C. by the arms and pulled her away from the window. A neighbor was coming home and as she walked to her apartment she heard a man and a woman yelling. She looked up and saw Wheeler and C.C. struggling up against the bedroom window. Wheeler “seemed angry and [C.C.] seemed frightened.” The neighbor went to her apartment and called 911. As she waited for police to arrive, she saw Wheeler get in his car with J.W. and drive away. Santa Cruz County deputy sheriffs responded to the neighbor’s 911 call and contacted C.C. C.C. “was crying, wiping her eyes, . . . and trying to regain her composure.” It was difficult to obtain a statement from her because she was so emotional. One of the officers took photographs of bruises on C.C.’s left arm and left bicep and those photographs were admitted into evidence. A criminal protective order was issued on January 11, 2018, requiring Wheeler to stay away from C.C. and J.W. as well as prohibiting Wheeler from possessing any firearms. On February 15, 2018, C.C., J.W., and Wheeler went to the beach together and, after they came home, C.C. took a nap. She was awakened by Wheeler kissing her, but then he “said something about his spirits telling him that he had to get rid of me and take