People v. Ferrell CA1/5

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

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.