People v. Anaya CA4/2

I. FACTS

On April 9, 2020, Anaya pled guilty to unlawfully taking a vehicle (the “trailing

vehicle taking case”). (Veh. Code, § 10851, subd. (a).) That same day he was released on

his own recognizance pending sentencing under a Cruz1 waiver.

Eight days later, 16-year-old John Doe was eating lunch alone in his car outside

his family’s recycling center. Anaya approached Doe, opened the car door, and stood

between the door and Doe. Anaya asked Doe for his name and whether he worked there.

Then, Anaya put one hand under Doe’s leg and one hand on his back and tried to pull

him out of the car. Doe pushed him away, got out of the car, and closed the door. Anaya

“squared up” by raising both his fists and attempted to punch Doe. Doe ducked the punch

and punched back.

At that point, Anaya went around Doe and got in the car. Doe grabbed Anaya to

try to pull him out of the car, and Anaya grabbed Doe’s shirt. Anaya then started asking

Doe, “where the fuck are the keys?” multiple times.

(People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.)

2 Eventually, a recycling center employee came out with a wooden bat and

approached Doe and Anaya. The employee opened one of the car…