Salvador

People v. Salvador

Good Law
Court of Appeal of CaliforniaSeptember 9, 2022H048162California3,334 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Salvador with six counts: count 1—sexual penetration of a person under the age of 16 by a person over 21 (Pen. Code, § 289, subd. (i))1; counts 2 and 3—lewd or lascivious act on a child aged 14 or 15 (§ 288, subd. (c)(1)); count 4— felony false imprisonment (§ 237, subd. (a)); count 5—sexual battery (§ 243.4, subd. (a)); and count 6—annoying or molesting a child (§ 647.6, subd. (a)(1)). Salvador pleaded no contest to count 4 (felony false imprisonment) and count 5 (misdemeanor sexual battery) in exchange for dismissal of the remaining counts. The parties stipulated to a factual basis for the plea without reference to any specific facts or documents, but Salvador entered a Harvey2 stipulation as to count 6 (annoying or molesting a child). The trial court suspended imposition of sentence and granted a three-year term of probation. Over Salvador’s objections, the court imposed the following probation conditions, among others: 1. He shall consent to searches of his electronic devices for any text messages, voicemail messages, call logs, photographs, e-mail accounts, social media accounts (including…

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