State v. Clay

¶1 Dennis Clay challenges his conviction of second degree theft for possession of a stolen access device. He argues that the credit card found in his possession was not an access device because it had never been activated and was never in the possession of its intended user. We affirm.

¶2 Clay was arrested by a community corrections officer for violating the conditions of his probation for a previous conviction. During the search incident to Clay’s arrest, the officer found a Mervyns credit card in Clay’s pocket. The name on the front of the card was Berna B. Llorico, and the back of the card…