People v. Clarke CA2/6

FACTS AND PROCEDURAL HISTORY

On the night of December 16, 2021, appellant went to a bar in San Luis Obispo. Bar employee Daniel Wandzel recognized appellant from a recent prior occasion when he had been asked to leave the bar due to “aggressive and . . . inappropriate behavior.” After Wandzel sold appellant a beer, bar employee Chris Woloch saw appellant “very rapid[ly] . . . walking around the bar.” Appellant was playing pool when another bar patron told Wandzel and Woloch that appellant was acting aggressively and had called the patron’s partner “a slut or a skank or something.” Woloch approached appellant and told him to leave. As appellant was walking out of the bar, Wandzel could tell he was upset and saw him “throw[] a couple of looks back over his shoulder that definitely caused some concern.” Wandzel told Woloch he was going to “go stand out on the patio and keep an eye on that entrance for a couple of minutes” because he “had an uneasy feeling about” appellant and wanted “to make sure that he didn’t try to come back in.” About three minutes later, appellant returned and told Wandzel he wanted to go inside to retrieve his phone. Wandzel responded that appellant was not…