In re Austyn H. CA4/1

STATEMENT OF FACTS

Counsel has submitted an accurate summary of the facts of the offense.

We will incorporate that statement here for convenience.1 On September 29, 2021, Brandon H. was working as a cashier at the Ocean Beach CVS Store. At approximately 10:15 p.m. he was cleaning and preparing to close the store when he and a coworker noticed someone standing outside the store looking inside and repeatedly setting off the automatic door without entering the store. Brandon was attentive to this because they frequently have shoplifters at the store. The store is close to the beach and at times there are homeless people that come to the store and loiter. This is why he and his coworker spoke about keeping an eye out. He saw an individual “hanging out and looking inside a bunch” for about a half hour. He couldn’t hear anything and didn’t see him make any hand gestures. He couldn’t see whether the person

We do so in nearly verbatim fashion except to sometimes use first names and/or initials in naming third parties involved in the subject offenses to protect privacy as much as possible. 2 in the window was holding anything because there was shelving against the window which…