People v. Lockett CA2/1

BACKGROUND

2 On September 7, 2012, Lockett used a fake Discover Card in his name to buy merchandise at a GAP retail store in the Glendale Galleria. On the same day and at the same mall, Chappill attempted to use a different, but fake, Discover Card to buy 3 merchandise at GAP and Nordstrom. The April 4, 2013 information, charged the first two counts of four counts against Lockett, only: count 1, identity theft by obtaining “personal identifying information of a [Discover Card cardholder] and using that information for an unlawful purpose and to obtain, and attempt to obtain, credit, goods, [and] services” (Pen. Code, § 530.5, subd. 4 (a)) and count 2, theft of “access card account information with respect to an access card validly issued to another person, without the cardholder’s and issuer’s consent, with intent to use it fraudulently.” (Pen. Code, § 484e, subd. (d).) The information further

1 Lockett does not challenge the conviction. 2 Lockett used Discover Card No. 6011005563175564; the true account holder was Elizabeth H. Crouch. 3 As there was no preliminary hearing, we take the facts from the transcripts of the plea hearing and the restitution hearing, as well as from…