People v. Baker CA4/3

FACTS

On New Year’s Eve 2010, Robert Sickles and David Hanlin, his younger half brother, went to a party at the Hilton Hotel in Costa Mesa with some friends, including Brian McTeigue and Kevin Stacey. It was Stacey’s birthday. There was a very large party at the hotel. The line to get into the party went around a parking structure and up to the second floor. The group stayed together and did not have a problem with anyone inside the party. At closing time, about 1:50 or 2:00 a.m., people started leaving the party. Sickles and Hanlin left first, with McTeigue and Stacey about 20 feet behind them. Hanlin and Sickles walked toward the valet area to get their group together to wait for a taxi. They were laughing and having a good time. Then someone tossed a cigarette that landed between Hanlin’s legs. When Hanlin looked to his right to see where it came from, he heard, “What the F are you looking at?” He did not realize he was the person to whom the statement was made because he had not had contact with anyone outside his group. He continued to look around and defendant charged toward Hanlin, repeating the question. Sickles stepped in front of Hanlin and told defendant to calm down…