P.

STATEMENT OF FACTS

Defendant arrived at Carl‟s Jr., a fast-food restaurant on Seventh and Market Streets in San Francisco, after midnight on January 16, 2010. A restaurant cashier testified that defendant was drunk, “abusive,” and “carrying on” by asking for money and food and shouting “motherfucker” and other “bad names” at customers in “a loud tone.” Defendant was carrying a large radio, or “boom box,” that was playing loud music. Defendant was asked to leave because “he was making a lot of noise.” A restaurant security guard tried to eject defendant, without success. Defendant remained at the restaurant and continued his abusive behavior for 15 or 20 minutes before the victim, Matthew Adams, arrived. Adams arrived at the restaurant with his girlfriend, Melissa Degrio. Degrio testified3 that Adams was a drinker and drug user. He was intoxicated when the couple went to the restaurant, having consumed a fifth of vodka. Adams was also in the habit of crushing methadone pills he bought on the street and drinking them with water. Degrio did not know if Adams took any methadone in the hour or so they were together before going to the restaurant. When the couple arrived at the…