People v. May-Santamaria CA1/2

BACKGROUND

We summarize the facts from the probation report, as did the Attorney General, without objection, in her brief on appeal: “The victim reported that he was at La Selva Restaurant with his friend Jimmy drinking beer until it closed at 1:30 a.m. The victim was standing near the entrance of the restaurant when the defendant approached him with a baseball bat and hit him in the left

1 side of his body two times. The victim fell to the ground and while on the ground, the defendant hit him on the right side of his head with the bat. After the victim was hit in the head, he lost conscious[ness]. The victim woke up when three of his friends walked him into the emergency room. The victim reported that the defendant was inside the restaurant with two other males. The victim did not know the defendant or have any problems with the defendant. The victim believed that the defendant and two males were gang members as they were all dressed in black. . . . “. . . [T]he victim’s friend Jimmy was interviewed by the police. Jimmy reported that he was with the victim and Israel at the restaurant and they had consumed some beers. Soon after, three girls approached their table and asked for…