People v. Galindo CA4/3

Filed 2/3/26 P. v. Galindo CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064760

v. (Super. Ct. No. 22WF3040)

GONZALO GALINDO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Robert A. Knox, Judge. Modified and affirmed. Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, A. Natasha Cortina and Liz Olukoya, Deputy Attorneys General, for Plaintiff and Respondent.

* * * Although a trial court has broad discretion in imposing terms and conditions when sentencing a criminal defendant to probation instead of imprisonment, any conditions imposed must have some relationship to the crime and be designed to prevent future criminality. In this case, one of the probation conditions imposed required defendant to participate in mental health and substance abuse testing and treatment. Not only was this unconnected to the underlying crime, any suggestion in the probation and sentencing report that defendant suffered from mental health or substance abuse issues was wholly unsupported. Therefore, that probation condition must be stricken. FACTUAL AND PROCEDURAL BACKGROUND Defendant Gonzalo Galindo defaulted on the mortgage payments for his mobile home and on the space rent payments for the land under the mobile home. SJM Mobile Home LLC, which held Galindo’s mortgage, began eviction proceedings, and ultimately obtained a writ of sale or writ of execution to remove Galindo from the property. Jean-Marc Herrouin, an owner of SJM, gave Galindo four weeks’ notice to remove his possessions from the mobile home. SJM hired a contractor to renovate the mobile home in October 2022. On October 19, 2022, the contractor called Herrouin and a sheriff’s deputy—Deputy Salazer—to the property because the windows and doors had been boarded up, a piece of sheet metal had been pulled back to allow access to a crawl space under the home, and the locks had been changed. Galindo’s name and phone number were posted on a sign on the side of the mobile home, along with the statement he was the owner of the property. Galindo was not observed at the property that day.