People v. Weir CA4/1

Filed 2/25/25 P. v. Weir CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083055

Plaintiff and Respondent,

v. (Super. Ct. No. SCE411629)

ZACHARY WEIR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Sherry M. Thompson-Taylor, Judge. Affirmed.

Debra A. Postil, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Anastasia Sagorsky, Deputy Attorneys General, for Plaintiff and Respondent.

Zachary Weir appeals from a judgment sentencing him to two years of

imprisonment following his conviction for grand theft (Pen. Code,1 § 487, subd. (a)) and the subsequent revocation of probation for that offense. The court revoked Weir’s probation after finding he failed to report to a probation office on June 9, 2023, as directed. Weir contends the judgment must be reversed because the record lacks substantial evidence showing he willfully violated his probation. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On November 16, 2022, Weir pleaded no contest to felony grand theft for stealing a bicycle (§ 487, subd. (a).) He was sentenced to two years of formal probation and 213 days in county jail with credit for time served. The court ordered him to report to probation within 72 hours of release from custody and specifically admonished him that failure to do so could be a violation of probation. A. Prosecution Evidence Deputy Probation Officer M.A. testified that Weir was released on May 26, 2023, and remained subject to the condition that he report to probation within 72 hours. Taking into consideration the intervening weekend and holiday, Probation Officer M.A. said Weir was required to report by June 1, 2023, at 5:00 p.m. Weir did not report, and a probation officer submitted a warrant request. On June 2, 2023, Weir went to the Ohio Street probation office. Because the warrant had not yet been signed by a judge and did not show as outstanding in the probation department’s computer system, a probation