Steffens

Defendant Gregory Alan Steffens was convicted of acquiring an access card with the intent to defraud (Pen. Code, § 484e, subd. (c)) (the acquisition count), altering access card account information (Pen. Code, § 484f, subd. (c)) (the altering count), fraudulent use of an access card (Pen. Code, § 484g, cl. (a)) (the use count), being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)) and possession of a hypodermic needle (Bus. & Prof. Code, § 4149). He admitted that he had suffered three prior convictions within the meaning of Penal Code sections 667, subdivisions (b) to (i) and 1170.12 and served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). He was committed to state prison for a total term of 50 years to life. On appeal, he claims that (1) the trial court’s instructions on the use count were inadequate because they failed to define one of the elements, (2) the trial court gave an erroneous response to the jury’s inquiry regarding the altering count, and the evidence is insufficient to support the altering count, (3) the court abused its discretion in denying his new trial motion, (4) the revised…