People v. Ferrer CA1/2

Filed 7/11/24 P. v. Ferrer CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A169389 v. ERNESTO FERRER, (Alameda County Super. Ct. No. 17-CR-006892A) Defendant and Appellant.

After Ernesto Ferrer was convicted of first degree murder and other offenses, the convictions were affirmed on appeal but the matter remanded for resentencing. This appeal is from the orders on resentencing. Ferrer’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which he raises no issues and asks this court for an independent review of the record. Counsel attests that he advised Ferrer of his right to file a supplemental brief, but Ferrer has not filed one. Having examined the entire record in accordance with Wende, we agree with counsel that there are no arguable issues requiring further briefing and affirm. BACKGROUND The facts underlying Ferrer’s convictions were related in our unpublished opinion on the appeal. (People v. Ferrer (Oct. 26, 2022, A161355) [nonpub. opn.].) In brief, Ferrer and a codefendant were convicted of

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murdering Lorenzo Castrejon in retaliation for Castrejon giving his girlfriend a black eye, following Castrejon’s car to a location and shooting at it repeatedly. Ferrer and the codefendant subsequently set fire to the car they had been driving. A few days after the murder, when the police went to a motel to arrest the codefendants, they tried to escape in an SUV which Ferrer drove into parked cars and the police armored vehicle before being apprehended. After a jury trial, Ferrer was convicted of first degree murder (Pen. Code,1 § 187, subd. (a)) (count 1), with findings that he personally discharged a firearm causing death (§ 12022.53, subd. (d)) and personally used a firearm in the commission of a felony (§ 12022.5, subd. (a)); shooting at an occupied motor vehicle (§ 246) (count 2), with the same firearm findings; assault on a peace officer or firefighter (§ 245, subd. (c)) (count 3), possession of a firearm by a felon (§ 29800, subd. (a)) (count 4) and arson on property of another (§ 451, subd. (d)) (count 6).2 On September 29, 2020, he was sentenced to an aggregate term of 50 years to life: 25 years to life for the first degree murder, plus 25 years to life for the section 12022.53, subdivision (d), enhancement; with sentences on the remaining counts and enhancements imposed concurrently or stayed pursuant to section 654.3 He received a total of 1,303 credits. This court affirmed Ferrer’s convictions but accepted the People’s concession that the section 12022.5, subdivision (a), firearm enhancement on