People v. Lafita CA3

BACKGROUND

Union Gospel Mission provides housing for people without homes, as well as shower privileges for those living on the streets. One evening, defendant went to their shower facilities and asked Andrew J., a fellow resident and Mission employee, if he had seen defendant’s bike lock and chain, which was missing. Andrew repeatedly responded that he had not taken defendant’s lock. Defendant, who does not speak fluent English, believed Andrew was responding to him with “offensive” language, and so he began repeating Andrew’s words back to him, including “[f]uck you.” Andrew testified as he turned away from defendant, defendant then grabbed him by his back and repeatedly punched him in his head. Andrew then lost his balance, but defendant held him by his neck and continued punching him. Defendant testified that Andrew initiated the fight by coming toward him and punching him, after which defendant punched him. Eventually, several other individuals approached defendant and

People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

2 pulled him away from Andrew, at which point defendant picked up a stool and began swinging it. He swung it approximately six or…