People v. Hurst CA4/1

Filed 5/30/24 P. v. Hurst CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081909

Plaintiff and Respondent,

v. (Super. Ct. No. SCD292624)

PATRICK DORIEN HURST,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In this case, appellant Patrick Dorien Hurst was charged with 12 different offenses. The trial court denied Hurst’s in limine motion to sever the case into three different cases and try each separately. The jury convicted Hurst on a number of counts and found him not guilty of others as we will outline below.

PROCEDURAL BACKGROUND The San Diego County District Attorney charged Patrick Dorien Hurst,

with three counts of robbery (Pen. Code,1 § 211; (counts 1, 2, 4)); one count of possession of a firearm by a felon (§ 29800, subd. (a)(1); (count 5)); one count of possession of ammunition by a felon (§ 30305, subd. (a)(1); (count 6)); one count of assault likely to produce great bodily injury (§ 245, subd. (a)(1); (count 8)); one count of making a criminal threat (§ 422; (count 9)); two counts of vandalism over $400 (§ 594, subd. (a)(b)(1); (counts 10, 11)); two misdemeanor counts of delaying a police officer (§ 148, subd. (a)(1); (counts 3, 12)); and one misdemeanor count of exhibiting a deadly weapon other than a firearm (§ 417, subd. (a)(1); (count 7)); and alleged with respect to counts 4, 5, 6, 8, 9, 10 and 11 that Hurst was released from custody on bail in an earlier felony case (§ 12022.1, subd. (b)); alleged with respect to counts 4, 9, and 10 (later dismissed) that Hurst personally used a deadly weapon (§ 12022, subd. (b)(1)); and alleged a serious felony prior (§ 667, subd. (a)(1)) and two strike priors (§ 667, subd. (b)-(i) & 1170.12). The jury found Hurst guilty of counts 2, 3, 10, 11 and 12, and the lesser included offense of petty theft as to count 1. The jury found Hurst not guilty of counts 1, 4, 5, 6, and 8. The court declared a mistrial as to count 9, and dismissed it the next day. The court denied Hurst’s motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to dismiss his strike prior and sentenced Hurst to the midterm of three years on count 2, doubled to six years because of one strike prior, and consecutive eight-month sentences (one-third the mid- term), doubled to 16 months on counts 10 and 11, a consecutive two years for