Salvador
People v. Salvador
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…