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Name: People v. Molina
Case #: B169153
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/07/2004
Subsequent History: 9/29/04: Revw. denied

Appellant was found in possession of another person’s cancelled credit card. He was convicted of possession of access card account information with respect to an access card validly issued to another person with the intent to use it fraudulently in violation of Penal Code section 484e, subdivision (d). On appeal, he contended that there was insufficient evidence to support his conviction because a cancelled credit card is not a means of account access which can be used to obtain money, goods, or services. He also argued that a cancelled credit card is not an access card which is validly issued to another person, as required by the statute. The appellate court rejected both arguments and affirmed. The phrase “can be used to obtain” is merely descriptive of the kinds of devices qualifying as access cards, and not an element which requires the card to be currently valid. Further, cancellation of the credit card by its holder did not change its status; the credit card need not be valid at the time of the fraudulent possession to be proscribed by the statute. The crime is possession of the card account information with a fraudulent intent. It does not require that the information actually be used, and therefore it does not require the access card to be valid at the time of the possession.