People v. Ferea CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Charges Ferea was charged by information with burglary (Pen. Code, §§ 459, 460; count 1), assault with a deadly weapon (id., § 245, subd. (a)(1); count 2), and making a criminal threat (id., § 422; count 3). The information further alleged Ferea had both a prior strike (id., §§ 667, subds. (b)-(i), 1170.12) and a prior serious felony conviction (id., § 667, subd. (a)). B. Prosecution case 1. Victim’s testimony The victim, Michael Vest, testified he was not feeling well and was sleeping in his bedroom on the afternoon of September 8, 2010, when he suddenly woke up to discover Ferea in his room.2 Ferea was drunk and mumbling incoherently. Vest told Ferea to get out, but Ferea did not do so. He just kept mumbling and was so drunk Vest was unable to understand him. Vest became angry and told Ferea to “get the fuck out.” When Ferea still made no move to leave, Vest pushed him out the bedroom door. Ferea took a swing at Vest, but missed.

2 Vest admitted he may have seen Ferea in his home earlier that day, playing video games and possibly drinking with Vest’s adult son.

2 Now in the hallway, the two men began wrestling. Ferea…