(Super. Ct. Nos. 07F8667, 10F38)
The opinion of the court was delivered by: Butz , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On February 13, 2008, defendant George Spyro Veronikis pleaded guilty to possession of codeine (Health & Saf. Code, § 11350, subd. (a)) and was placed on three years of Proposition 36 probation in Shasta County case No. 07F8667.
On August 13, 2008, defendant was charged in Tehama County case No. NCR74864 with felony evading an officer (Veh. Code, § 2800.2, subd. (a)), misdemeanor driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)), and misdemeanor resisting a peace officer (Pen. Code, § 148, subd. (a)(1)).*fn1 Defendant pleaded guilty to felony evading. The trial court imposed a three-year state prison term, stayed execution of sentence, and placed defendant on five years of formal probation with 270 days in county jail.
On February 20, 2009, defendant admitted violating his probation in Shasta County case No. 07F8667 based on the Tehama County offense. The trial court terminated defendant's Proposition 36 probation and converted it to formal probation.
On November 24, 2009, defendant admitted violating his probation in Shasta County case No. 07F8667 by being intoxicated in public. (§ 647, subd. (f).) Probation was reinstated subject to a 30-day work program.
Tehama County case No. NCR74864 was transferred to Shasta County in December 2009. The case was designated Shasta County case No. 10F38.
On April 15, 2011, defendant admitted violating probation by shoplifting from a Macy's (Pen. Code, §§ 837/488), and pleaded no contest to misdemeanor driving under the influence of alcohol or drugs (Veh. Code, § 23152) in Shasta County case No. 10CTR8325. On July 21, 2011, sentencing was continued so defendant could participate in a substance abuse program.
On August 26, 2011, Shasta County filed a probation revocation petition alleging defendant violated probation by: (1) being discharged from rehabilitation for relapsing; (2) after his readmittance, being discharged for unsatisfactory compliance; (3) failing to notify probation of his whereabouts after discharge; and (4) failing to submit a written monthly report following April 29, 2011. The first two allegations were dismissed. Following a contested hearing, the trial court sustained the fourth allegation and found insufficient evidence to sustain the third allegation. The trial court revoked probation in both cases, executed the previously stayed three-year state prison term in case No. 10F38, and imposed a consecutive eight-month state prison term in case No. 07F8667.
On appeal, defendant contends there is insufficient evidence to support the order revoking probation, and his sentence violated ...