Zabelle

I. BACKGROUND

Most of the facts relevant to this opinion are indisputable and documented on video. Defendant approached a man named Scott from behind, hit him over the head

1 Undesignated statutory references are to the Penal Code.

2 with a glass bottle, and, after Scott fell to the ground, stomped on his head. Defendant and an accomplice then rifled through Scott’s pockets, with both taking some of Scott’s possessions. Although not clear from the video evidence, defendant later testified that he took Scott’s pipe and knife, and his accomplice took Scott’s wallet. Defendant added that his accomplice later shared the wallet’s contents, about $100, with him. In defendant’s telling, Scott earlier induced defendant to give him the $100 based on a false promise and defendant approached Scott intending to recover this money. A police officer later found Scott lying on his back in the alley where the attack took place, appearing either to be unconscious or asleep. Another officer arrived soon after and noticed a cut about two- inches long on Scott’s head. Shortly after these events, two officers stopped defendant and questioned him at a motel. The relevant part of the conversation,…