People v. Romero CA2/8

STATEMENT OF FACTS

According to her trial testimony, on the night of May 21, 1997, Inez Ortega was working as a cashier and bartender at the El Paso bar in downtown Los Angeles. Appellant was there with two other people. He had consumed up to 10 beers that night. Ortega observed that the “skinnier” one of appellant’s companions had a knife clipped to his belt. Cervantes arrived and began playing billiards. He was not drinking. At around 9:30 p.m., an African-American woman entered the bar and asked appellant and his companions for a cigarette. Appellant responded he had none. Cervantes interjected and told appellant to give the woman a cigarette. Appellant responded to Cervantes that he did not have any and said, “You’re going to pay for that outside.” Appellant did not appear to be upset, however. Shortly thereafter, appellant became angry and got into an argument with Cervantes. Ortega stepped between them and asked appellant and his companions to leave. She told Cervantes to wait before leaving to avoid more problems. A “good while” later, Cervantes left. Minutes later, he reentered the bar,

Undesignated statutory citations are to the Penal Code unless otherwise…