People v. De La Cruz CA2/5

I. INTRODUCTION

A jury convicted defendant, Jackie Marie De La Cruz, of assault with a deadly weapon, a knife, in violation of Penal Code section 245, subdivision (a)(1).1 Defendant admitted she served a prior separate prison term within the meaning of section 667.5, subdivision (b). The trial court struck the prior conviction allegation pursuant to section 1385, subdivision (a). Defendant was sentenced to two years in state prison. We affirm the judgment.

II. THE EVIDENCE

On January 9, 2012, defendant stabbed the victim, Edward or Edgar Rodriguez, in the face with a steak knife. Defendant was standing on the sidewalk at the entranceway to Mr. Rodriguez’s apartment building. She was partially blocking the walkway. Mr. Rodriguez had to walk around defendant to reach the entrance. As he did so, defendant reached into a shopping cart and pulled out a steak knife. Defendant raised her right arm to shoulder level, swung back with her right hand and stabbed Mr. Rodriguez. Defendant was not facing Mr. Rodriguez as he walked towards her. Her back was to him. When Officer Michael Geitheim arrived, defendant was in front of a nearby market. Officer Geitheim found the knife in a trash can…