The probation for Christopher Antonio Polley, 27, was revoked and he will be sentenced Oct. 9 in San Diego Superior Court on both cases, said Deputy District Attorney Brendan McHugh.
Polley will not receive more than a year in jail, and Judge Laura Halgren agreed to “consider alternatives to custody, including work furlough,” according to court records. If Polley has a job that qualifies for a work-furlough facility, he could spend nights and weekends in that facility if not given jail time.
McHugh said the new case involves Polley cashing a payroll check for $1,500 at a check-cashing business after he had already cashed the check in his bank via a smart-phone deposit in which he scanned his check with the phone. McHugh said the business lost the money because the bank already cashed his check.
His attorney, Jim Fitzpatrick, said Polley did deposit the check via his smart phone to his bank and then learned there would be a delay in getting his money. Fitzpatrick said Polley then cancelled the deposit, and then cashed the check at the business without realizing the bank didn’t cancel it.
“He’s going to go back on probation,” said Fitzpatrick.
The burglary charge alleges that Polley entered the store March 6 with the intent to commit theft and it does not involve a break-in. Other charges of grand theft and obtaining money by false pretenses were dismissed.
Polley is still paying about $20,000 in restitution on his 2012 convictions for grand theft, false impersonation and using another person’s identification that he lifted when he worked at the WaveHouse. He was sentenced a year ago to 180 days in jail.
No member of the fitness center lost money, and the victims were eBay and PayPal, said Fitzpatrick. Polley used actual members’ names from the center to create fictional auctions online. He no longer works at the fitness center.
Polley, who served four years with the Coast Guard, remains free on $25,000 bond.