People v. Ferrell CA1/5 ( 2024 )

Filed 1/25/24 P. v. Ferrell CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent, A168180
v.
JOHN ALVIE LOUIS FERRELL, (Lake County Super. Ct. Nos.
Defendant and Appellant. CR959931/CR960895)
John Alvie Louis Ferrell appeals after the court denied
probation and sentenced him to prison pursuant to a negotiated
plea. His court-appointed counsel has filed a brief seeking our
independent review of the record pursuant to People v. Wende
(1979) 25 Cal.3d 436 to determine whether there are any
arguable issues on appeal. We find no such issues and affirm.
BACKGROUND
In January 2021, Ferrell was pulled over for driving a
stolen car and fled from the officer on foot. He was charged with
one count each of felony car theft, felony receiving stolen
property, and misdemeanor resisting arrest. The information
alleged Ferrell was ineligible for probation due to three prior
felony convictions in 2010 and 2012.
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In May 2021, Ferrell was again stopped while driving a
stolen vehicle. The car’s steering column was broken, the license
plates had been reported lost or stolen, and a pair of metal
knuckles was in plain view on the dashboard. The District
Attorney filed a new information charging one count of felony car
theft and one count of felony receiving stolen property for the
May incident, and two additional counts of each offense for
another incident in June 2021. Ferrell was also charged with
possessing metal knuckles, a felony, and misdemeanor resisting
arrest. This petition also alleged his prior felonies rendered him
ineligible for probation and that he committed the May and June
2021 offenses while on bail.
Ferrell failed to appear for arraignment on August 24,
2021, and the court issued a bench warrant. On October 4, 2021,
Ferrell appeared remotely from jail, entered a not guilty plea on
all counts, and denied the special allegations. He was released on
bail later that month, but within the week failed to appear for a
settlement conference. The court revoked bail and issued another
bench warrant. On April 25, 2023, Ferrell appeared in custody
and the court scheduled a trial setting conference.
In May 2023, Ferrell entered into a plea agreement. He
entered no contest pleas to one count of possessing metal
knuckles and one count of receiving stolen property, and two
misdemeanor resisting arrest counts in unrelated cases. Ferrell
stipulated the prosecutor’s recitation of the offenses established a
factual basis for the plea. The court found the plea had a factual
basis and was knowing, personal, voluntary, expressed, and
intelligent. In return, the prosecutor dismissed the remaining
counts and allegations and agreed that any sentence on the
misdemeanor charges would be concurrent and Ferrell’s total
term would be capped at two years and eight months in county
jail.
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The probation report described Ferrell’s lengthy history of
offenses as a minor and as an adult, primarily substance and
theft-related but also ranging from lewd acts on a child under 14
to resisting arrest and providing false identification to police
officers, unlawfully possessing a firearm and ammunition, and
battery. The probation officer reported that Ferrell posed a high
risk of reoffending and recommended the stipulated two-year
middle term on the felony, while noting the sentencing criteria
supported the upper term. Probation was not recommended
because Ferrell’s eight prior felony convictions made him
presumptively ineligible, this was not an unusual case in which
the interest of justice would best be served by granting probation,
and his prior performance on probation was poor.
Ferrell had lost his job due to the pandemic and was
unemployed and transient. He reported his mental health was
poor, but he was not on medications or under a doctor’s care. He
had used alcohol, marijuana, methamphetamine, and cocaine
since childhood and heroin from ages 21 to 25. He admitted he
had “sold drugs, cultivated marijuana, committed thefts and
burglaries, engaged in prostitution, gambled, borrowed money,
pawned property and stole drugs to support his substance use
addictions.” Ferrell attended The Delancey Street Foundation
from 2014 through 2018, and the program was willing to readmit
him “after all legal matters were cleared.”
The court denied probation. It sentenced Ferrell to two
years in county jail for receiving stolen property, a consecutive
eight-month term for possessing metal knuckles, and 364 days for
each of the resisting arrest convictions to run concurrently. The
court awarded 204 days of total credits and declined to impose
any fines or fees.
DISCUSSION
Ferrell’s counsel has represented that she advised Ferrell
of his rights to submit supplemental written argument on his
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own behalf and to request that counsel be relieved and another
attorney appointed. Ferrell has not done so. This court has
reviewed the entire record on appeal for potential error. No issue
requires further briefing.
DISPOSITION
The judgment is affirmed.
BURNS, J.
WE CONCUR:
JACKSON, P.J.
CHOU, J.
P. v. Ferrell (A168180)
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