P.

FACTS

According to the undisputed facts, defendant and his longtime girlfriend, whom he

refers to as his wife, were drug addicts who had been clean and sober for many years

before relapsing into their addictions. In an effort to regain their sobriety, they joined the

Santa Ana Restoration Church, an organization that counsels and assists drug and alcohol

addicts. Defendant recounts in detail in his opening brief the particulars of what church

involvement entailed. For our purpose, it is sufficient to note that church members lived

together in homes segregated by sex. Church members were required to solicit money to

fund the various homes and church activities. To that end, members would spend six to

eight hours a day in shopping centers and on the streets asking for donations.

On January 5, 2010, Roumaldo Huerta, the leader of the church home where

defendant had then lived for about eight months, dropped defendant and another church

2 member off to solicit money in a shopping area in Temecula. While there, defendant

went into a Rite-Aid and asked a cashier for an ice pick. The cashier was unsure whether

the store carried ice picks, but directed defendant to the…