People v. Zitzer CA1/4

Filed 2/22/21 P. v. Zitzer CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A157250 v. (San Mateo County ZACHARY ALAN ZITZER, Super. Ct. No. 18-SF-013650C) Defendant and Appellant.

MEMORANDUM OPINION1 Appellant Zachary Alan Zitzer appeals his conviction and sentence for identity theft in violation of Penal Code section 530.5, subdivision (a), and unlawful use of an access card in violation of Penal Code section 484i, subdivision (c). His appointed counsel on appeal has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having conducted an independent review of the record pursuant to the holding in that case, we affirm. I. One evening in November 2018, Foster City Police Officer Myra Valdivia was dispatched to the Costco store to investigate a suspected

We resolve this case by memorandum opinion because it raises no 1

substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.)

1

fraudulent purchase. At Costco, Officer Valdivia spoke with a store employee, who told her that a man by the name Rio Breazile had tried to make fraudulent purchases with apparently false bank checks and identification. According to the store employee, Breazile presented a Costco membership card and California driver’s license in the name of Joshua Dreis. The employee also showed Officer Valdivia a $2,366.76 check supposedly made out by Dreis that Breazile had attempted to use as payment for various items. Officer Valdivia contacted Dreis, who informed her that he did not know Breazile and had not given Breazile authorization to make any purchases. The Costco employee provided Officer Valdivia with a cellphone video recording that depicted Breazile walking out of the Costco store and getting into a blue Dodge Ram pickup with dealership paper plates and another male inside. Working with the Monterey Police Department, Officer Valdivia was able to identify Breazile and the other man in the truck, who was identified as Zitzer. Officer Valdivia circulated a TRAK notification flyer regarding the incident to other law enforcement agencies, alerting them to the information she had gathered. The information in the TRAK flyer came to the attention of Foster City Police Corporal Jenna Grimaldi. A few days later, Officer Valdivia received an email from a Foster City police dispatcher who recognized the blue Dodge pickup from the TRAK flyer while ordering food at a Taco Bell drive-through. The police dispatcher also took photos of the driver of the blue Dodge pickup and emailed them to Officer Valdivia, who recognized the driver as Zitzer. Officer Valdivia updated the TRAK flyer with the new information and photograph.