People v. Saldana CA1/2

Filed 11/16/22 P. v. Saldana CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, v. A164812 FERNANDO SALDANA, Defendant and Appellant. (Solano County Superior Court No. FCR353418)

After Fernando Saldana pleaded no contest to felony domestic assault and misdemeanor child endangerment, he was placed on probation subject to a number of terms, including a warrantless search and seizure condition. The probation department did not recommend an electronics search condition, nor did the trial court impose it at the time of sentencing. Nonetheless, on appeal, Saldana argues that the search and seizure condition is improper because it neither includes nor excludes electronic devices. He asks this court to modify his order of probation by “excluding his electronic devices from warrantless search or seizure” or to remand the matter for reconsideration. The Attorney General takes the position that this issue is moot, because the court never included Saldana’s electronic devices in the search condition in the first place. Saldana has not filed a reply brief.

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Because we conclude that the trial court did not impose an electronics search condition and there is no showing of anything improper in the order of probation, we will affirm the order. FACTUAL AND PROCEDURAL BACKGROUND We draw our very brief description of the facts from the probation department’s summary of a City of Vacaville police report. Shortly before 6:00 p.m. on July 9, 2020 a police officer responded to a report of a family altercation. The officer found C.G., Saldana’s wife of six years. She reported that she and Saldana had two children, then ages 5 and 3, and that she had a 10-year-old child from a previous relationship. C.G. described her marriage to Saldana as difficult, and said Saldana was on “one of his rampages.” C.G. also disclosed previously unreported incidents of domestic violence and child abuse, including an incident on December 30, 2019 that she had documented with time-stamped photographs after the incident. C.G. reported that what began on December 30, 2019 as a verbal altercation between her and Saldana escalated after Saldana threw food at her. When she told him to clean it up, Saldana grabbed her by the throat and dragged her six to 10 feet, lifted her off the ground by the throat, and held her against the wall. C.G. described being strangled, having difficulty breathing, and becoming dizzy and faint. C.G. told the officer that Saldana would have continued but one of their children intervened and kicked Saldana “in the balls.” She said that this made Saldana upset, so he lowered her and tossed her onto the floor; she landed on her back and her head hit the floor. Both of their children were present and witnessed the domestic violence; they were screaming and crying. One of the children tried to intervene with Saldana to be nice to C.G., but the child returned to C.G.