People v. Reid CA1/2

Filed 10/23/25 P. v. Reid CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A170013 v. LARRY REID, (Contra Costa County Super. Ct. No. 012200751) Defendant and Appellant.

Following a revocation of probation, Appellant Larry Reid was sentenced to State Prison. Reid appeals, asserting five arguments, the first of which is that the trial court erred in not obtaining a probation report before sentencing him. The Attorney General concedes that the court erred and that the error was prejudicial. We agree and we reverse. BACKGROUND The facts of Reid’s crimes, facts we learn from the preliminary examination, are not germane to the disposition of this appeal and need not be set forth in detail. Suffice to say that on May 28, 2022, Madisyn Zingg was working as a store clerk at a smoke shop in Walnut Creek. While Zingg’s back was turned, Reid reached behind the counter and took a display of cigarette lighters. Zingg said, “ ‘No, no, no,’ ” and grabbed Reid’s wrist or hand. Reid dropped the first display, took a second one, and “wrenched away

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from [Zingg] and left the store” without paying. Zingg suffered an abrasion on her knuckles Walnut Creek Police Officer Connor Davis responded to the store in full uniform. After watching a video of the incident, Favis found Reid some two blocks away. When Reid refused to comply with Davis’s demands, he “pulled [Reid] to the ground” because he was trying to pull away. Reid scratched at Davis, leaving abrasions and scratches on the officer’s hand, elbow, and forehead. Reid said, “Dude, I’m going to flip on you and fuck you up”; he also spit on Davis. A bystander helped Davis subdue Reid. Meanwhile, other officers arrived to assist, one of whom Reid tried to kick. Reid continued to threaten to “fuck. . . up” the officers, and told another officer to “Get off my fucking ankles, you cunt.” Davis read Reid his Miranda1 rights, and he said “that he entered the store, he took the items, he struggled with the store clerk, and left the store. He didn’t have any intention to pay for the items.” He also said, “I don’t give a fuck about the sales girl. I don’t fucking care. She shouldn’t be fucking touching me. She has no right to fucking touch me. I go in a store and take something, she can touch me? Bullshit. That’s fucking wrong. I don’t give a fuck.” By information filed on November 8, 2022, Reid was charged with second degree robbery (Pen. Code, § 211, count one)2; resisting an officer by force or violence (§ 69, count two); assault with a deadly weapon (§ 245, subd. (a)(1), count three); and misdemeanor resisting, obstructing, or delaying a