Hagedorn

On July 1, 2002, appellant David John Hagedorn entered a Money Mart in Ridgecrest and used a copy of Arthur Pettet’s Social Security card and birth certificate, without Pettet’s permission, in an attempt to cash a check. Although made payable to Pettet, the check constituted payment for work performed by appellant under Pettet’s name. As a result, a jury convicted appellant of second degree burglary (Pen. Code, § 460, subd. (b); count 1) and unauthorized use of personal identifying information (§ 530.5; count 2), and he was sentenced to three years in prison and ordered to pay victim restitution and a restitution fine. He now appeals, claiming that section 530.5 violates due process as applied to him; that there is insufficient evidence to support his convictions once the statute is properly construed; and that sentencing error occurred. In the published portion of this opinion, we reject his contentions concerning section 530.5. In the unpublished portion, we reject his claims of sentencing error.

DISCUSSION

I

SECTION 530.

Although section 530.5 has been amended several times since its enactment, at all times pertinent to this case, subdivision (a) has provided:…