People v. Cervantes CA4/1

STATEMENT OF FACTS2

Appellate counsel has provided an accurate summary of the facts of the offense. We will incorporate that summary to provide background for the case. On November 11, 2020, at around 2:20 p.m., Joann C. walked over to a bus stop in El Cajon. She noticed a man sitting at a bench. She sat down. As Joann made small talk with the man, she noticed a folding knife on the bench, partially open. Less than a minute after noticing the knife, Joann stood up to see if the bus was coming. As she made a comment about the bus,

2 Appellant’s request to augment, or for judicial notice of, transcript portions from case No. D079691, is granted. 2 the man abruptly came up to her and hit her two times in the chest. Feeling unable to breathe, Joann stumbled out into traffic for help. About a minute later, Joann realized she had been stabbed. While waiting for the police to arrive, she watched the man walk away at a leisurely pace. Based on Joann’s description of the man, the police arrested Cervantes a short distance away. Joann identified Cervantes as the man who had stabbed her. DNA evidence discovered on a knife, found in the bushes behind the bus stop, corresponded with DNA…