People v. Wheeler CA4/1

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

court-appointed counsel. After waiving his constitutional rights, Wheeler pleaded guilty

and admitted the substantial sexual conduct allegation. His counsel agreed with the

guilty plea and acknowledged that Wheeler's waivers of his rights were made knowingly,

voluntarily, and intelligently.

The court thereafter sentenced Wheeler to the midterm of six years in state prison.

Wheeler was awarded 168 days of actual custody credits and 25 days of conduct credits.

He was ordered to pay the following fines and fees: (1) a restitution fine of $1,800; (2) a

parole revocation fine of $1,800 which was suspended; (3) a court operations assessment

of $40; (4) a conviction assessment of $30; (5) a criminal justice…