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The People v. Melvin Lee Wilson

August 26, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MELVIN LEE WILSON, DEFENDANT AND APPELLANT.



Super. Ct. No. CM031638

The opinion of the court was delivered by: Hoch ,j.

P. v. Wilson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Melvin Lee Wilson was charged with stalking (Pen. Code, § 646.9 (count 1)),*fn1 dissuading a witness (§ 136.1, subd. (c)(3) (count (countsubd. ((count ), disobeying a domestic relations order (§ 273.6, subd. (a) ), two counts of corporal injury to a cohabitant (§ 273.5, (counts 4 & 7)), preparing false documentary evidence (§ 134 ), and assault by means likely to produce great bodily injury (§ 245, subd. (a)(1) (count 6)), along with prior strike, prior serious felony conviction, and prior prison term allegations.

Having successfully moved to represent himself, defendant pled no contest to count 7 and admitted the strike, with an indicated sentence of six years in prison. All other charges were dismissed. The court denied defendant's motions to withdraw the plea and strike the prior serious felony conviction, and imposed the indicated six-year prison term.

Having obtained a certificate of probable cause, defendant appeals. He contends the trial court should have granted his motion to withdraw the plea. We affirm.

FACTS

On April 14, 2009, at about 11:49 p.m., Oroville Police officers responded to a report of a man and woman arguing in the front yard of a house. Defendant said he and his fianceee Sandra Wever had been evicted from the house, but defendant made arrangements so that he could stay there until May 1. He told the officers Wever came over to retrieve her luggage and they got into a fight when she arranged for her ex-husband to pick her up.

Wever told the officers she had lived with defendant but they were breaking up. An argument erupted when she arrived at the house to get her belongings. Defendant tried to grab her purse and her neck, but Wever pushed defendant away and left the house. Defendant then followed Wever, pushed her against a post railing in the yard, and started to strangle her. Wever started to lose consciousness until she managed to push defendant away and release his grip. Defendant then grabbed Wever's wallet from her purse and ran into the house.

Officers observed redness on Wever's neck and noticed defendant's left index finger was bleeding. Defendant said he accidentally slammed the finger into a door during the argument with Wever.

On May 9, 2009, defendant approached Wever in his van as she was walking to a liquor store. Defendant told her to sign a paper exonerating him. Wever refused and defendant slapped her, so she called her sister Mary David. David arrived to find Wever in defendant's van, which she entered. Wever and David signed the paper as ordered by defendant, fearing what he would do if they refused.

Defendant drove Wever and David to a friend's apartment. Once in the apartment, defendant slapped Wever three to four times in the head. Wever tried to escape the apartment by climbing out of the window, but defendant threw her on the bed, held her down, and started to strangle her. Defendant told Wever he was going to kill her and she would not testify. Wever asked defendant to give her five minutes to recuperate. When defendant let go of her, Wever kicked him off of her and fled through an open window.

On May 13, 2009, defendant was arrested for restraining order violations and placed in custody at Butte County jail.

On May 21, 2009, defendant was transferred from the Butte County jail to Oroville Hospital after complaining of chest pain. Defendant called Wever from the hospital and told her he had faked a heart attack. Later, defendant told Wever there was no guard at his hospital door. He was released on his own recognizance the following day because of his medical problems.

On May 26, 2009, defendant walked to the rear of Wever's house and yelled, "You won't testify against me." Simultaneously, another man entered Wever's house through the front door. The man told Wever he was there to help resolve the problem; Wever thought he was with defendant and pushed the man out of her ...


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