People v. Salgado CA1/1

Filed 12/30/24 P. v. Salgado CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A170205 v. JORGE ANTONIO SALGADO, (Solano County Super. Ct. No. VCR236416) Defendant and Appellant.

Defendant Jorge Antonio Salgado appeals from the trial court’s order terminating probation and sentencing him to county jail after he admitted a probation violation. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. We conclude that Salgado waived his right to appeal under the probation violation admission and, therefore, the appeal must be dismissed. I. BACKGROUND In April 2021, Salgado pled no contest to felony possession for sale of a controlled substance (Health & Saf. Code, § 11351) and misdemeanor

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carrying a loaded and unregistered firearm (Pen. Code,1 § 25850, subd. (a)). The agreement also included a plea in a separate misdemeanor case. In entering the plea, Salgado initialed and signed a waiver of rights form giving up various constitutional rights, including his right to appeal “the judgment and rulings of the court.” The court suspended imposition of sentence and placed Salgado on two years formal probation with certain terms and conditions. Various fines and fees were imposed. Salgado subsequently violated his probation three times. In March 2022, Salgado admitted a first probation violation for failure to report to probation. The trial court revoked and reinstated probation and imposed a suspended sentence of 180 days in county jail. In August 2023, Salgado admitted a second probation violation. Again, the trial court revoked and reinstated probation, which it extended to June 2024. In January 2024, the probation department issued a revocation memo alleging Salgado failed to report to probation and failed to abstain from illegal drugs. In February 2024, Salgado admitted the probation violation. In doing so, he completed a waiver of rights form in which he gave up various constitutional rights. He initialed a line next to the following statement: “Even though judgment may be imposed as a result of my admission, I have the right to appeal the judgment and rulings of the Court. [¶] I give up my right to appeal.”2 (Boldface omitted.) In his written waiver of rights form, Salgado declared under penalty of perjury, among other things, “My attorney has reviewed and explained this document to me, and I freely and voluntarily request the Court to accept my admission of violating my probation.”