People v. Hart CA1/5

BACKGROUND

A. In March 2020, J.S. invited Hart to stay with him at a rural property outside Laytonville, where J.S. worked as a caretaker. About two weeks later, J.S. asked Hart to leave. On direct examination, J.S. testified that he asked Hart to leave because Hart had gone through other people’s possessions. J.S. said he offered Hart two weeks to find a new place to stay, but Hart wanted to leave right away. Because it was

Undesignated statutory references are to the Penal Code. 1 the middle of the night and raining, they agreed that J.S. would drive Hart to Willits the next morning. J.S. testified that Hart was slow to pack his belongings the next day. But, when J.S. insisted that Hart needed to leave, Hart agreed. In the early afternoon, the two men left in a truck. J.S. drove, smoking marijuana from a bong at the same time. Near Laytonville, J.S. stopped so that Hart could urinate. According to J.S., Hart exited and re-entered the truck through its passenger-side door, which functioned normally. After the two had been back on the road only five minutes, Hart asked J.S. to stop again—for another bathroom break. J.S. found this strange, especially since they were now only…