People v. Quiroz CA5

Filed 1/24/24 P. v. Quiroz CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085117 Plaintiff and Respondent, (Super. Ct. No. MCR032599) v.

SANTIAGO MALDONADO QUIROZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John Merritt, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Snauffer, J.

INTRODUCTION In 2022, the trial court determined that appellant Santiago Maldonado Quiroz had violated probationary terms that had been imposed against him in 2008 for a period of five years. After determining appellant was in violation, the court sentenced him to prison. The parties agree, as do we, that insufficient evidence supports the trial court’s finding that appellant had violated the terms of the 2008 probation. As a result, we reverse appellant’s judgment. The trial court shall alert the California Department of Corrections and Rehabilitation (CDCR) that this criminal judgment is no longer in effect. BACKGROUND In August 2008, appellant pleaded guilty in Madera County Superior Court to one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). In September 2008, the trial court suspended imposition of sentence and appellant was placed on formal probation for five years. Among other terms, appellant was required to report to the probation department within one court day of his release from custody. He was also ordered to report monthly to his probation officer, or as otherwise directed. He was ordered to report to his probation officer if he reentered the United States. Finally, he was instructed he could not reenter the United States illegally. Court records reflect that appellant was in law enforcement custody from July 24, 2008, through November 19, 2008. On or about October 6, 2008, the process to deport appellant to Mexico was commenced. In February 2009, the probation department filed a petition to revoke appellant’s probation. The probation department alleged that appellant had failed to report as ordered. That month, the trial court revoked probation and issued a bench warrant for appellant’s arrest. About 14 years after appellant was deported, a criminal complaint was filed against him in Madera County Superior Court alleging he had committed simple battery