People v. McGeough CA3

Filed 3/14/22 P. v. McGeough CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Calaveras) ----

THE PEOPLE, C091175

Plaintiff and Respondent, (Super. Ct. No. 17F7066)

v.

SEAN MICHAEL MCGEOUGH,

Defendant and Appellant.

A jury found defendant Sean Michael McGeough guilty of first degree murder of his sister. The trial court sentenced him to 25 years to life in state prison. On appeal, defendant contends that the trial court erred in admitting evidence of his prior uncharged attack on a former girlfriend. We affirm the trial court’s decision. FACTUAL AND PROCEDURAL BACKGROUND Defendant’s sister, Stephanie, was found dead in her apartment. Her decomposed body was concealed by a pile of clothes and household items, her head was covered by a plastic bag, and a nylon “strap like ligature” with plastic buckles was “wrapped multiple

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times around [her] neck” with a “partial knot.” The fans were on, the air conditioner unit was running at 60 degrees, and there were burnt out candles and air fresheners in the apartment. Defendant had been in Stephanie’s apartment before and after her death. After Stephanie’s death, defendant stole her car and drove it to Nevada, where he met C.J. and told him that Stephanie was an “evil fat bitch.” He also withdrew money from Stephanie’s bank account repeatedly and said in a phone call after Stephanie’s death that “he was going to kill himself and take his mom and his sister with him.” Stephanie suffered from multiple mental issues and also was suicidal at times. Just before her death, she told her landlord that she was planning to move to Florida and gave notice to terminate her lease. Investigators found two journals in her apartment. The older journal, found in a closet, documented Stephanie’s history of mental illness, including depression, anxiety, posttraumatic stress disorder, and suicidal thoughts, as well as harsh words about defendant, calling him a “heartless garbage blood weasel,” “white trash yellow loser[],” and “demon.” The more recent journal was found on the kitchen table and included a to-do list in anticipation of Stephanie’s move. It did not discuss suicide or mental problems. The pathologist testifying for the People concluded that the cause of death was asphyxia due to ligature strangulation and a plastic bag over the head. But he was unable to determine whether the death was homicide or suicide. Defendant’s pathologist, on the other hand, opined that this case “more comports with” suicide given the sister’s “prior history of suicide ideations and attempts.” She contended that one cannot assume a crime had been committed based on the mere fact that Stephanie’s body was covered. According to her, it was not uncommon for people to cover up the body of someone they know even if the death was natural or suicide. Defendant’s former girlfriend Y.B. testified that defendant once pushed her down on a bed and strangled her with his hands when he was agitated. Y.B. soon escaped