People v. Salinas CA5

INTRODUCTION

Defendant Pedro Salinas was resentenced on March 30, 2023, and now appeals the criminal protective order issued by the trial court under Penal Code section 136.2.1 Defendant argues that the trial court lacked authority to issue: (1) a protective order pursuant to section 136.2, subdivision (a), which only provides for pretrial protective orders; (2) a posttrial protective order under section 136.2, subdivision (i) because the court failed to make the necessary factual findings; and (3) a protective order as to I.C. because the jury acquitted defendant of committing a crime against her. The People concede that the protective order must be modified to exclude I.C. from its provisions, but argue that section 136.2, subdivision (i) authorized the protective order as to defendant’s other two victims and that defendant forfeited his right appeal the trial court’s failure to make express findings even if required. Defendant requests that we adopt the People’s proposed resolution to modify the protective order to exclude I.C. and agrees that his remaining arguments are moot. We accept the parties’ agreement and will order the trial court to modify the protective order it…