P. v. Tinitali CA3
Defendant Bernice Elizabeth Tinitali was convicted of second degree burglary, identity theft, and check fraud, after she attempted to use the identification of R. Hernandez and the checking account number of A. Phillips to open a debit account at Nordstrom.
Defendant argues her two convictions for identity theft against two separate victims involved only a single use of stolen identity and should have been charged as a single crime. She argues there was insufficient evidence she willfully attempted to use Phillips’ checking account number, since his name was not on the check used to open a Nordstrom account. She argues the standard instruction on identity theft did not sufficiently define the term “willfully.” She argues the relationship of one of the juror’s with Phillips violated her right to a fair trial. We find no merit to any of these contentions.
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