People v. Hurst CA4/1

STATEMENT OF FACTS

Appellate counsel has submitted accurate summaries of the facts of the offenses of which Hurst was convicted. Given the various crimes and events involved in this judgment we will incorporate counsel’s summaries into this opinion in order to provide context for the discussion. October 1, 2020 (Count 1: Petty Theft at Best Western)

On October 1, 2020, Tracy W.2 was working at the front desk as the manager of the Best Western Bayside Inn in San Diego. Between 7:20 and 7:40 a.m., Hurst entered the motel without wearing a mask. Tracy twice

In accordance with California Rules of Court, rule 8.90(b), we refer to certain individuals by their first name and last initial, and thereafter by their first name only, to protect their privacy. No disrespect is intended. 3 told Hurst he needed to wear a mask and later offered him a box, possibly with masks. Hurst responded by looking for a mask in his pockets and said, “I guess I don’t have a mask on me.” “I just got out of jail.” Tracy told Hurst, “Well, if you don’t have a mask, I can’t help you. You need to leave the building.” Hurst walked over to the snack area, took a candy bar, and walked out the garage door.…