People v. Morones CA6

Facts and Proceedings Below1 On the morning of January 21, 2013, Jane Doe, the mother of appellant's autistic child, called the police. She told the police that appellant had come to her residence the previous evening; he wanted to resume their relationship. When Doe refused, appellant pushed her onto the couch; then, he punched her twice on the right side of her face. Doe told the police that she had dated appellant for approximately six years and that they had a child together. The police searched for appellant but were unable to locate him.

1 Since appellant resolved this case by entering a plea we take the facts from the probation officer's report, but summarize them. The facts are not in dispute. Subsequently, on April 8, 2013, the police located appellant; he was looking through the front window of a home. A police officer suspected that appellant was planning a burglary. The officer stopped appellant. Appellant was carrying a plastic bag that contained several beers. The officer pat-searched appellant because he was wearing "voluminous clothing"; the officer saw that appellant had his left hand clenched in a fist, which he would not release. As a result,…