People v. Moultry CA2/6

FACTS

Moultry applied for a job with Galileo, a surgery center, and he was hired. About a week later, Judith Smith, “a consultant as a Human Resources agent for [Galileo],” told the police that her investigation of Moultry revealed that he used “a fraudulent name, fraudulent social security card, and a fraudulent Radiologic certificate to gain employment.” He had used the name and identity of another person, “K.M.,” on his employment application. Moultry told police, “I falsely represented myself to get a job.” The People filed an information alleging Moultry had committed the felony offenses of: 1) identity theft (§ 530.5, subd. (a)) in which he “unlawfully used that information for an unlawful purpose” (count 1); 2) identifying information theft (id., subd. (c)(2)) (count 2); and 3) false personation (§ 529, subd. (a)(3)) (count 3). Moultry pled no contest to these three counts. K.M. did not submit a request for restitution. But Galileo submitted a restitution request form “requesting restitution in the amount of $2,230.00 for the cost of a human resource consultant to perform the background check.” At Moultry’s restitution hearing, the probation report requested restitution…