People v. Aguilera CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

We focus on the facts pertinent to this appeal. I.

COUNT ONE—ATTEMPTED SECOND DEGREE ROBBERY

In brief, as to count one, on October 21, 2022, L.K. went for a walk from her Tustin home between 5:00 and 6:00 p.m. As she was walking, a man on a skateboard suddenly grabbed her wrist and attempted to take her watch. After she screamed, the man released her. L.K. identified Aguilera in court as the man who tried to take her watch.

II.

COUNT FOUR—SEXUAL BATTERY

On the same evening, at approximately 6:30 p.m., P.A. was walking to a pharmacy in Tustin. As P.A. passed by an empty building, she felt an arm touch her. She turned around quickly to push the person away. A

1Subsequent statutory references are to the Penal Code unless otherwise indicated.

2 man she had never seen before started saying something about “Jason” and tried to grab her. He said, “‘Let’s go with Jason,’” and she responded that she did not know Jason. He had a skateboard with him. P.A. described the man’s demeanor as aggressive and scary. He stood very close to her, and he looked angry. In response to her attempts to move away, the man grabbed her again and repeated…