People v. Anaya

Filed 12/30/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B338242 (Super. Ct. No. PA089375) Plaintiff and Respondent, (Los Angeles County)

v.

RUFINO ANAYA,

Defendant and Appellant.

Can a trial court’s remarks at the conclusion of a bench trial support the prima facie denial of a Penal Code1 section 1172.6 petition? We conclude the answer is yes and, accordingly, will affirm the order denying Rufino Anaya’s section 1172.6 petition. To the extent appellant also appealed the trial court’s decision on his section 1172.1 request, we will dismiss that portion of the appeal.

1 Undesignated statutory references are to the Penal Code.

Appellant filed a form petition citing section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 as section 1172.6, without substantive change. (Stats. 2022, ch. 58, § 10.) We refer to the statute as section 1172.6 throughout.

FACTUAL AND PROCEDURAL BACKGROUND2 “On January 25, 2017, appellant and his girlfriend K.O. got into an argument in a store parking lot. Appellant broke the windshield of K.O.’s car and choked her with one hand as he held a knife in the other hand. K.O. ran away and appellant chased her through the parking lot while holding the knife. Appellant also threatened to kill K.O. and her son. “K.O. and appellant ended their relationship in July 2017. On August 10, appellant told K.O. in text messages ‘[y]ou will see what I’m capable of doing . . . . I don’t care if I die. I’m going to get you.’ “The following night, K.O.’s friend and coworker Daniel Martinez drove her to her job at a gas station. Appellant knew K.O. worked there and was aware of her schedule. When K.O. opened the door to get out of Martinez’s vehicle, appellant appeared ‘out of nowhere,’ grabbed her by the hair with one hand, and dragged her approximately 35 to 40 feet while holding a knife in his other hand. Martinez intervened and wrestled with appellant, thereby freeing K.O. Appellant turned his attack on Martinez and stabbed him multiple times in the chest and arms before running away.” Appellant was convicted in a court trial of the attempted murder of Martinez (§§ 187, subd. (a), 664; count 1), two counts of assault with a deadly weapon (§ 245, subd. (a); counts 3 and 4),