People v. Crawford CA3
Opinion
Opinion
BACKGROUND
Defendant pleaded no contest to the unlawful use of personal indentifying information (Pen. Code, § 530.5, subd. (a))1 and theft or unlawful driving or taking of a
Undesignated statutory references are to the Penal Code.
1 motor vehicle (Veh. Code, § 10851, subd. (a)). The trial court placed defendant on probation for five years and ordered her to serve 364 days in county jail. The court also imposed various probation terms, including: “8. Defendant shall not knowingly possess an access card reader or an access card encoder” and “9. Defendant shall notify the Probation Department prior to accepting any employment that includes the legitimate acquisition of personal identifying information.”
DISCUSSION
On appeal, defendant challenges probation terms No. 8 and No. 9 as unconstitutionally vague. She argues “access card” and “personal identifying information” are not sufficiently precise. She notes several of her other probation terms include those phrases along with a statutory definition. Probation term No. 4, for example, proscribes possessing another person’s “personal identifying information (as defined by Section 530.5 of the Penal Code).”2 Similarly,…