P.

BACKGROUND

Oscar Ruiz, an acquaintance of defendant’s family, discovered one morning that someone had stolen his wallet from the glove box of his truck. In his wallet was his bank credit card and his credit union ATM card. Ruiz reported the theft to police.

Further unspecified statutory references are to the Penal Code.

1 Later that day, deputies encountered defendant walking with Jasmeet Samra across a motel parking lot toward a fast food restaurant. Samra told deputies his identification was in the motel room, and they all went back to the room. In a trash can in the motel room, deputies found Ruiz’s stolen credit card and his ATM card. A scrap of paper in the room had the letters “Muf” and “Jess”; defendant’s nickname is “Muffin Man” and another person in the room when deputies arrived was named Jessie. In defendant’s pants pocket was a card key that appeared identical to the motel room card key in Samra’s possession and a folded piece of paper with Ruiz’s name and the account information, pin number and expiration date from Ruiz’s credit and ATM cards. Defendant was charged with acquiring Ruiz’s card access information without his consent and with intent to defraud…