People v. Ferrer CA1/4

Filed 8/20/25 P. v. Ferrer CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A172526 v. DAVID VINCENT FERRER, (Humboldt County Defendant and Appellant. Super. Ct. No. CR2403283)

After a plea of guilty, David Vincent Ferrer was convicted of one count of assault with a deadly weapon, a violation of Penal Code section 245, subdivision (a)(1).1 Ferrer now appeals his conviction. We affirm. I. BACKGROUND On November 6, 2024, the Humboldt County District Attorney filed a single count felony complaint against Ferrer alleging that on October 16, 2024, Ferrer committed an assault with a deadly weapon (§ 245, subd. (a)(1)). Ferrer appeared on November 6, 2024, waived formal arraignment, and entered a plea of not guilty. Ferrer did not waive time, and a preliminary hearing was scheduled for November 19, 2024. On November 19, 2024, counsel for Ferrer requested a continuance of the preliminary hearing to

1 All statutory references are to the Penal Code unless stated

otherwise.

allow him to conduct further investigation. Ferrer entered a 10-day time waiver, and the court reset the preliminary hearing to December 19, 2024. On December 19, 2024, the court found good cause to continue the preliminary hearing due to the fact that a prosecution witness was unavailable due to a medical issue. Ferrer’s counsel did not object, and the preliminary hearing was reset to December 31, 2024. On December 31, 2024, Ferrer requested a continuance of the preliminary hearing. The prosecution did not object, and the court granted a continuance to January 16, 2025. On January 16, 2025, Ferrer entered a plea of guilty to a felony charge of assault with a deadly weapon (§ 245, subd. (a)(1)). Pursuant to a negotiated disposition, Ferrer waived his presentence custody credits and was sentenced to two years in state prison. The court also imposed a $300 court fine, a $300 restitution fine pursuant to section 1202.4, subdivision (b), a $300 restitution fine pursuant to section 1202.45 which was stayed, a $30 criminal conviction assessment fee, and a $40 court operations assessment fee. Ferrer was also sentenced to 180 days in jail to run concurrently with his prison sentence for a probation violation in another case. His probation in that matter was terminated. Ferrer filed a timely notice of appeal pursuant to California Rules of Court, rule 8.304(b). II. FACTS On October 16, 2024, Officer Raven McIntire of the Arcata Police Department, responded to a report of a physical altercation. Upon arriving at the scene, McIntire contacted the victim, Delmar Key, who advised that he and his cousin, S.M., were walking S.M.’s dog near a bus stop. While at the bus stop, they were approached by Ferrer who Key had previously lived with at a clean and sober house. Ferrer told Key, “we’re going to have words,” and