People v. McQueen CA4/2

INTRODUCTION

Pursuant to a plea agreement, defendant and appellant Willis Earl McQueen pled

guilty to one count of assault by means likely to produce great bodily injury. (Pen.

Code1, § 245, subd. (a)(4).) The court issued a criminal protective order. Defendant

subsequently requested the court to modify the order to allow contact with the victim, and

the court denied the request.

Defendant filed a timely notice of appeal. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2

On May 24, 2021, defendant and his wife (the wife) were in a verbal argument

when he told her he was going to shoot her and bury her in the backyard. Defendant then

grabbed his shotgun and left for work. On June 23, 2021, defendant and the wife became

involved in another verbal argument, and defendant drove his car forward toward her and

pinned her against the garage with his car. The next day, the wife moved the couch to

block the front door so she could hear when defendant returned to the residence.

Defendant returned and shoved the door open. He then pulled a black semiautomatic

pistol from his waistband, pulled the slide of the pistol, and chambered a cartridge.

Defendant pointed it at the wife’s…