People v. Burns CA4/3

FACTS

On the afternoon of December 4, 2013, Cynthia B. went to a drug store in Santa Ana with her three young children to pick up a prescription. Once they were inside the store, the children ran ahead of Cynthia B. to play with a blood pressure monitor located in the pharmacy section. When Cynthia B. caught up to them, she saw appellant, then age 60, seated in that area. Appellant said “mira,” Spanish for “look,” to Cynthia B.’s three-year-old son. Then he lifted the pant leg of his shorts and exposed one of his testicles to the boy. After the incident, the boy ran up to Cynthia B. and hugged her leg. Then the pharmacist called appellant’s name and he grabbed his medications from the counter and started taking them immediately. When the pharmacist told appellant he had to pay for his medications first, he claimed he left his wallet out in his car. Then he ran out of the store and never returned. According to Cynthia B., appellant did not appear ill or out of breath when the incident occurred. The next evening, the police got a call regarding a drunken man on the sidewalk not far from the drug store. When they arrived at that location, they found appellant lying on the ground. He…