People v. Wheeler CA5

INTRODUCTION

Appellant/defendant Darnell Webster Wheeler was charged with multiple offenses based on a series of domestic violence and stalking incidents he committed against his estranged wife. He was convicted of first degree residential burglary, based upon his entry of a home which he owned and treated as a rental property, and where his estranged wife was living as a tenant (Pen. Code,1 §§ 459, 460, subd. (a)); felony stalking of his estranged wife committed during a five-month period (§ 646.9, subd. (a)); and misdemeanor disobeying a domestic relations court order (§ 273.6, subd. (a)); with six prior strike convictions and one prior serious felony enhancement. He was sentenced to two consecutive third strike terms of 25 years to life, for a total of 50 years to life plus five years for the prior serious felony enhancement. On appeal, defendant argues his conviction for residential burglary must be reversed because he owned the house that he broke into; he had an unconditional possessory right to enter even though his estranged wife was living there; and the jury was not properly instructed on the elements of the offense. He also contends the court improperly imposed…