People v. Salas CA6

Filed 3/20/26 P. v. Salas CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052760 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2310365)

v.

JASON SALAS

Defendant and Appellant.

In connection with a violent fight in a park in San José, Jason Salas was convicted of three crimes: battery, assault with a deadly weapon, and assault with force likely to produce great bodily injury. The trial court suspended imposition of sentence and placed Salas on probation for three years. Salas appealed, and we appointed counsel to represent him. Counsel filed an opening brief stating the case and the facts. In addition, while counsel identified three issues for consideration, she did not challenge Salas’ conviction. We advised Salas of his right to file written argument on his own behalf, but received no response. We have reviewed the full appellate record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). (See also People v. Kelly (2006) 40 Cal.4th 106 (Kelly).) In so doing, we exercise our discretion to examine the three issues identified by appellate

counsel. (See People v. Kent (2014) 229 Cal.App.4th 293.) As explained below, we conclude that there is no arguable issue for appeal and affirm the judgment. I. BACKGROUND A. The Underlying Incident Around 11:00 p.m. on June 22, 2021, Salas was with several friends in a park, attending a vigil for a close friend who had been murdered. Everyone attending the vigil was around 20 years old, and all had attended the same high school. Juan Rodriguez was in the park at the same time. He was celebrating his 43rd birthday by walking through the park drinking alcohol and had previously used methamphetamine. Rodriguez also carried a four-foot-long shovel. Rodriguez approached the picnic table where Salas and his companions had set up candles and a picture of their deceased friend. Salas cautioned Rodriguez to be careful around the memorial display. Rodriguez responded dismissively, claiming that “this is my block.” Salas told Rodriguez to leave, but Rodriguez refused. Instead, Rodriguez exchanged threats and insults with Salas and several other young men, and when the confrontation grew more acrimonious, Salas suggested Rodriguez put the shovel down and fight without it. Salas and several of his friends then surrounded Rodriguez, who flailed at them with the shovel but failed to connect. Rodriguez pulled out a knife, possibly after someone in Salas’ group pulled out his own knife. Then Rodriguez began to run away, but the group pursued him. They took the shovel and the knife from Rodriguez, knocked him to the ground, and beat him. When the group stopped beating Rodriguez, he was curled into a fetal position, hands covering his head. Salas then hit Rodriguez several times with the shovel before leaving with his friends.