P.

STATEMENT OF FACTS

On July 30, 2010, defendant, the victim, and the victim‟s brother were in a gym in

Temecula. According to the victim, defendant bumped into his back, grabbed his arm,

mumbled something, and then slapped the victim on both ears. Thereafter, defendant

head-butted the victim in the face with sufficient force that the victim‟s nose started to

bleed. The victim grabbed his nose and walked to the front desk to complain about

2 defendant‟s actions. Defendant followed the victim to the desk and stated, “„Let‟s finish

it right now.‟” Because his nose would not stop bleeding, the victim went to the

emergency room. While waiting for a doctor to see him, the victim called the police. The

victim testified that he had never talked to defendant prior to this incident and did not

know him.

According to defendant, he and the victim were working out near each other in the

gym. Defendant testified that he was about to get smashed against a machine, so he put

his hands up and the victim bumped into him. The victim then approached defendant and

grabbed him with both arms. Defendant removed the victim‟s arms. The victim then

walked away from defendant and toward his…