People v. Agraz CA4/1

STATEMENT OF FACTS

The facts of the offense are not in dispute. This appeal only addresses the court’s sentencing choice. We will utilize Agraz’s summary of the facts for convenience. On June 13, 2021, Felipe G. was working as a loss prevention officer in the bike recovery department for Wheels Lab. At around 7:30 p.m., Felipe saw Agraz in a Lexus parking lot with a Wheels Lab bike. Felipe received a notification from his boss that someone was pushing an unpaid-for bike. According to Felipe, he asked Agraz for the bike, and Agraz refused to relinquish it. Also, according to Felipe, Agraz tried to fight him, threatened that he would stab him, and had his hands in fists.

All further statutory references are to the Penal Code. 2 Felipe testified that he ran towards the bike, but his work cell phone fell. According to Felipe, Agraz was two to three feet away from him, when he pointed a pocket folding knife in Felipe’s direction. Felipe ran away and notified his supervisor, Reid H., that Agraz had taken a bike and his cell phone. Reid was able to track the bike with his GPS and knew the bike was being transported on the trolley. Reid and Felipe met at the San Ysidro trolley…