People v. Leaton-Gomez CA1/1

I. BACKGROUND

In October 2022, 67-year-old John Doe was seated in his parked truck when defendant walked up to him and asked a question using Spanish and

1 Undesignated statutory references are to the Penal Code.

1 English words. Doe did not understand defendant, and he replied, “no comprende.” Defendant walked away but then he returned and said something about Doe’s truck, to which Doe replied the truck was not for sale. Defendant walked away, but then he again returned to Doe’s truck, put his bag in the bed of the truck, walked to the driver’s door which had the window open, and, without saying anything, punched Doe in the head. When Doe attempted to exit the truck to defend himself, defendant pulled him out and hit Doe a couple more times. Doe wound up on the ground in the middle of the street. Defendant then drove the truck a short distance before abandoning it to flee on foot. Doe was taken to the hospital where he was treated for a significant laceration through his ear, two black eyes, a broken nose, and two lacerations on the back of his head which required staples. In April 2023, the People charged defendant by felony information with carjacking (§ 215, subd. (a)),…