See I’mma tell you like you told me~Cash Rules everything around me~All you wanna know is (where my money at?)

And so I wantwell I for one believe the majority of you are unaware of the Student to prison pipeline renovation and Expansion to accommodate the industry the "TLR crowd" and the "WIA" created. No Wonder Bush wanted to destroy the CIA>........he created the "WIA" to do what their work do to the Tribune. It is time the Carpetbagger Aggie admit what he,I want to say he is "a sycophant" in a man's body, but that is too trite. What exactly is the reason the new aD Valorem Tax Certificates that are being "sold" to "purchasers for an obligation to pay these "purchaser's" back for the reedemable for the the face value of the certificates when it is taking money form the taxpayers to fund projects for the purchase of locking up children and the taxpayers paying for it while the taxpayers who are the "purchasers of criminalizing students". You Loyd Neal are a sorry excuse for a man. I am disgusted that you did not have to wait in line for the "face time" to meet and eat with KC and the Sunshine Band. I bet you had a bet on that game.........Carpetbagging Cheaters, if one more child gets locked up for your bullshit railroading techniques for the disgusting pathetic excuse for "Insurance" created and passed off as "Juvenile Justice" in/out via the Corpus Christi Independent School Students in the The Body of Christ . Why are you not bragging about thislien on the certificatesFinance, Finance Angler ?

Some laws, like tax laws, make ordinary conduct an offense if done without a license, stamp, or other official permission, and thus qualify legally..

....if Tax stamp is paid?!? Slim give me a call. Malum prohibitum From Wikipedia, the free encyclopedia Jump to: navigation, search Malum prohibitum (plural mala prohibita, literal translation: "wrong because prohibited") is a Latin phrase used in law to refer to conduct that constitutes a crime only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law is usually regarded as "malum in se". An offense that is malum prohibitum, for example, may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in Washington v. Anderson (Supreme Court of the State of Washington, 67826-0, decided August 2000) [1]: "Criminal offenses can be broken down into two general categories -- malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905) ... "Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.' " In debating the appropriateness of certain offenses or sanctions, one occasionally encounters the suggestion that conduct should be given more latitude on the theory that it is "merely" malum prohibitum. In an earlier version of this document, it was suggested that examples of malum prohibitum included parking violations and copyright violations (which, respectively, are at least arguably a form of trespass and a form of theft). Some laws, like tax laws, make ordinary conduct an offense if done without a license, stamp, or other official permission, and thus qualify as malum prohibitum. On the other hand, licensing is sometimes done for safety purposes (to prevent untrained drivers' operation of powerful motorized vehicles where the public is at risk, or to ensure that persons without minimum qualifications are not permitted to practice medicine or act as architects or sell services as a member of another licensed profession), and to prevent certain frauds or egregious violations of trust from being too easy; violation of such licensing rules, by virtue of the peril the conduct creates, arguably prevents such prohibitions from being merely malum prohibitum. For example, the risk to the public if one were not required to have a license and post a bond before issuing life insurance policies is so severe that purporting to sell life insurance while conducting an unlicensed, unbonded business is arguably tantamount to fraud. Because the definition given in Anderson depends on the 'sense of a civilized community', it is certain that the specific categorization of offenses as malum prohibitum and malum in se will be subject to debate whenever there is debate within the community as to what should violate the sensibilities of its members.

Tampering with the Government documents...................

.community .commons .comparison .combat .comprehend .compatriots .commerce .company John Kerry Impeach Bush Bushgate GOP Lies Bush's Scrubbers Stolen Election 2000 Florida-gate Bush's Scrubbers Richard Nixon was obsessed with leaks from within his administration, and his secret team of "plumbers" worked to stop these leaks, breaking the law as they went about their dirty business. George W. Bush is obsessed with any public record that documents illegal, unethical, or embarrassing activities. He has a secret team of "scrubbers" who make sure such records mysteriously "disappear" from government offices and newspaper websites. Here are some records that have disappeared. If you find more, please e-mail public@democrats.com. Please note: long URL's often get chopped up in e-mail transmissions, so be sure you have attempted to "reassemble" a long URL before sending it to us. Also use the search feature of any site you visit, because an old article may have been archived with a different URL. Austin Chronicle: W's Paper Chase Scrubbed: January 2001 George Orwell Bush has repeatedly attempted (and too often succeeded) in scrubbing public records that are embarassing or worse (see http://democrats.com/display.cfm?id=220). But here's the most astonishing scrub we've encountered yet - Bush is trying to scrub the ENTIRE RECORD OF HIS 6 YEARS AS GOVERNOR OF TEXAS! How is this possible? Back in January, Bush snuck ALL of his records into Papa Bush's Presidential Library. And now he won't let Texas archivists anywhere near them. Why is he hiding them? Perhaps there's proof of crimes committed during Funeralgate - and perhaps there are many other scandals we've never heard about. We demand an investigation! White House Press Office: Press Briefing by Ari Fleischer Scrubbed: 9/26/01 Unscrubbed: 10/6/01-11/27/01 If you listen to the recording of Ari Fleischer's press briefing on 9/26, you can clearly hear Fleischer answer the question about Bill Maher's remarks by saying: "they need to WATCH WHAT THEY SAY, watch what they do." (Click "Listen to the Briefing" and advance to 31 minutes 21 seconds.) But if you read the official transcript, "watch what you say" has been removed. Once again, the White House is scrubbing official records to hide embarrassing behavior. We demand an investigation! MSNBC Scrubs GOP Censorship Story Scrubbed: 9/24/01 Unscrubbed: 9/25/01 On September 24, MSNBC reported that Republican House staffers ordered C-SPAN cameras removed from Judiciary Committee hearings when Democrats called civil liberties advocates to testify. On September 25, this MSNBC article was re-written, and this section was completely removed. Rumpus Online: O Daughter, Where Art Thou Posted 4/?/01 - Scrubbed 4/12/01 In early April, an irreverent student publication at Yale called "The Rumpus" published an account of two episodes when Barbara Bush's secret service detail lost track of her. A few days later, the Rumpus editors were hauled before Dean of Student Affairs Betty Trachtenberg. Immediately following the meeting, the article was scrubbed. Conservatives made a federal case for decades about the abuse of Yale's "free speech" policy following protests against racist theorist William Shockley in 1974, but have not uttered a word in protest over this gross violation. FlashPhotography.com: Texas Christian University Sigma Alpha Epsilon fraternity party photos Posted 2/25/01 - Scrubbed 3/3/01 - Unscrubbed 3/9/01 A picture of 19-year-old Jenna Bush, taken at the Sigma Alpha Epsilon fraternity bash that resulted in the arrest of Jenna's boyfriend for public intoxication, was scrubbed from the flashphotography.com web site. Flash Photography was hired to take photos at the event and, and posts the photos on its password-protected site for partygoers to purchase. White House officials tried to deny that Jenna was at the party, and the photo of Jenna was mysteriously removed after being posted for several days. White House spokeswoman Claire Buchan said the Bush administration had nothing to do with the picture's removal. "To my knowledge, there was no contact of any kind" with the photo company, she said Friday. Buchan is lying - we demand an investigation! White House Press Office: Transcript of President Bush's First Press Conference Posted and Scrubbed 2/22/01 CocoaGate: White House Scrubs the 'Cocoa' Bushism. During Bush's first press conference, he said a number of incoherent things. One that was the butt of many jokes was his reference to the cultivation of "cocoa" leaves in Columbia. (Listen to the audio for yourself at 19:26.) Well, somehow "cocoa" was changed to "coca" when the official White House transcript was posted. Tampering with government documents is a crime - we demand an investigation! The London Observer: Best Democracy Money can Buy Posted 11/26/2000 - Scrubbed 2/21/01 - Unscrubbed here When Papa Bush left the White House, he gave a sweetheart deal to the Canadian company Barrick Goldstrike. Bush gave them mining rights for US land with an estimated $10 Billion in gold for only $10 Thousand. Oh and by the way, the company then hired Papa Bush after he left office where he was on the payroll till 1999. The company also donated $148,000 to the Republican Party. Unfortunately, you can't read this story any more at the Guardian because Barrick Goldstrike has threatened a lawsuit. But you can still read it here. MSNBC: The Funeral Home Flap Trouble for a Texas mortician with links to the Bush family Posted 8/16/99 - Scrubbed 2/9/01 - Unscrubbed here This article suddenly disappeared from MSNBC's web site on February 9, 2001 - the day Democrats.com published a major expose on Funeralgate. This follows the disappearance of several other articles unfavorable to George W. Bush, most notably: a) the Washington Post article by Al Kamen identifying the Republican thugs who stopped the Miami recount (reposted following inquiries by a Democrats.com member), and b) the CNN Crossfire transcript where Larry Flynt charged Bush with helping his girlfriend get an abortion in the early 1970's. It took the Watergate scandal to expose Nixon's "plumbers" - it looks like Funeralgate will expose Bush's "scrubbers". Washington Post: The Miami-Dade Rioters Article by Al Kamen identifying the Republican thugs who stopped the Miami recount Posted 12/6/00 - Scrubbed circa 12/21/00 - Unscrubbed circa 1/1/01 (following inquiries from a member of Democrats.com) Remember the thugs who rioted in the Miami-Dade elections office and stopped the manual recount of 10,000 undervotes? This one criminal event probably stole the election for Bush. But please try to forget it, because the Washington Post doesn't want you to remember this ominous event. On December 6, the link below showed a photo of the leaders, current and former Republican Congressional staffers. Now it's gone - straight out of Orwell. If you don't want this event to disappear down the memory hole, here's the full list, courtesy of bushwatch.com: 1. Tom Pyle, policy analyst, office of House Majority Whip Tom DeLay (R-Tex.). 2. Garry Malphrus, majority chief counsel and staff director, House Judiciary subcommittee on criminal justice. 3. Rory Cooper, political division staff member at the National Republican Congressional Committee. 4. Kevin Smith, former House Republican conference analyst and more recently of Voter.com. 5. Steven Brophy, former aide to Sen. Fred D. Thompson (R-Tenn.), now working at the consulting firm KPMG. 6. Matt Schlapp, former chief of staff for Rep. Todd Tiahrt (R-Kan.), now on the Bush campaign staff in Austin. 7. Roger Morse, aide to Rep. Van Hilleary (R-Tenn.). 8. Duane Gibson, aide to Chairman Don Young (R-Alaska) of the House Resources Committee. 9. Chuck Royal, legislative assistant to Rep. Jim DeMint (R-S.C.). 10. Layna McConkey, former legislative assistant to former Rep. Jim Ross Lightfoot (R-Iowa), now at Steelman Health Strategies. These individuals should be punished to the fullest extent of the law, and ethics complaints should be filed against the Members of Congress who employ them. CNN Crossfire: Larry Flynt Discusses Bush's Abortion Posted 10/20/00 - Scrubbed 10/21/00 - Unscrubbed here On CNN's Crossfire on October 20, Larry Flynt exploded a bombshell: that he has evidence that George W. Bush was "involved in an abortion in Texas" in the early 1970's - when abortions were still illegal. Amazingly, CNN has censored its own story!!!! This has all the markings of a cover-up by CNN - just like the cover-ups of Bush's many other scandals, from going AWOL, to using illegal drugs, to corruption in Texas government, to lying under oath. Democrats.com: Bush Aides Possibly Altered National Guard Records To Conceal Grounding and Missed Duty Aides to Texas Governor George W. Bush visited the Air National Guard archives at Camp Mabry in 1997 and possibly altered Bush's military service records to conceal Bush's grounding from flight in 1972 and subsequent missed duty, according to a former senior official of the Texas National Guard. Democrats.com: The aggressive progressives! Join us & contribute Privacy Policy Copyright 2003 Democrats.com. All rights reserved. logo-xsmall

I get a strange magic...........Strange

You're sailing softly through the sun in a broken stone age dawn. You fly so high. I get a strange magic, oh, what a strange magic, oh, it's a strange magic. Got a strange magic, got a strange magic. You're walking meadows in my mind, making waves across my time, oh no, oh no. I get a strange magic, oh, what a strange magic, oh, it's a strange magic. Got a strange magic, got a strange magic. Oh, I'm never gonna be the same again, now I've seen the way it's got to end, sweet dream, sweet dream. Strange magic, oh, what a strange magic, oh, it's a strange magic. Got a strange magic, got a strange magic. It's magic, it's magic, it's magic. Strange magic, oh, what a strange magic, oh, it's a strange magic. Got a strange magic. Strange magic STRANGE MAGIC oh, what a strange magic STRANGE MAGIC oh, it's a strange magic. Got a strange magic. Strange magic STRANGE MAGIC oh, what a strange magic STRANGE MAGIC oh, it's a strange magic. Got a strange magic, got a strange magic, you know I got a strange magic, yeah, I got a strange magic, oo-o-o-oo, strange magic. (fade)

The Court of Criminal Appeals hears death penalty cases directly .....if they have the time but not @after 5:01 P.M. M-F, closed weekends

Back to Law & the Media home page Back to The Criminal Process home page The Criminal Process The Court System: Jurisdiction Municipal Court Within general law cities (defined by the legislature as cities with 5,000 or less population) the mayor may serve as city judge. When the city has a separate judge he or she may be appointed by the city council or elected by the people. Within home rule cities(defined by legislature as cities with 5,000 or more population with a charter) the judge or judges of the municipal court are usually appointed by the city council. Municipal courts are usually called city courts in general law cities and may be called traffic, city or municipal courts in home rule cities. The municipal court has jurisdiction within the territorial limits of the city in all cases involving violation of city ordinances. The court has concurrent jurisdiction with the justice of the peace courts of the precincts in which the city is situated in all criminal cases arising under the criminal laws of the state where the punishment is by fine only and does not exceed $200. Justice of the Peace Courts The county commissioners court, as the governing body of the county, must establish between one and eight precincts in each county in the state depending on the population of the county. The commissioners may designate two places in any one precinct if population warrants. Justices of the peace are elected for four years. A constable may be elected for each precinct or place. Constable positions may remain vacant and constables may serve more than one precinct. Justices of the peace have original jurisdiction in Class C misdemeanors. Appeals may be made to county courts. Even though a record may be kept, neither the municipal court nor the justice court is a court of record. Primarily this means that the testimony is not recorded by a court reporter and on appeal cases are retried as if the first trial did not exist. This is called trial de novo. This means that reporters must be careful in handling coverage of events in lower courts, such as corporation and justice courts. An example is bond forfeiture. A person arrested for an offense may put up a cash bond and fail to appear for trial, at which time the bond may be forfeited. The disposition must be reported in that manner. Justices of the peace may also conduct examining trials, imprison for nonpayment of fines and costs to enforce their authority, issue peace bonds, issue search warrants, set bonds in felonies and hold hearings in bond contests. They also sit as judges of small claims court (small claims involve debts to $50 and wages and labor to $100 and the JP may command a court fee for settlement), handle civil matters where the amount in question is $200 or less. They may hold inquests and—if the county has no medical examiner—order an autopsy. They may also conduct marriages, for which they expect to be paid. Justices of the peace do not have to be lawyers. County Courts County judges preside over county courts in some counties and in other counties courts-at-law have been established to handle civil and criminal cases. In criminal matters, county courts have jurisdiction in misdemeanors. Cases may also be appealed from the municipal or justice courts to the county courts. Appeals from the county courts in misdemeanor cases are taken to the court of criminal appeals. County courts handle matters of probate, appoint guardians of minors, declare persons non compos mentis (not of sound mind), settle accounts of executors and transact business pertaining to deceased persons. Under the mental health code, county courts may commit a person to a mental ward or hospital for 90 days. The legislature may provide for courts-at-law to handle criminal and civil matters. Probate courts may be established in the same manner. In counties where courts-at-law and/or probate courts have been established, the county judge may sit only at commissioners court (the meeting of the county commissioners) and handle the administrative duties of the county or may handle only some probate and mental health matters. County judges, especially in smaller counties, may handle juvenile cases. Or another judge, usually in district court, may be designated to handle juvenile cases. Larger counties have juvenile courts. County judges are required to be knowledgeable in the law, but they do not have to be lawyers. Judges of courts-at-law must be lawyers. All are elected and all elected county officials serve four-year terms. District Courts District courts have been established by the legislature throughout the state according to caseload demands. They, as county courts, are established by the legislature upon request from county commissioners. A district may include more than one county, a single county or a county may have more than one district court. Larger counties have separate criminal and civil courts. District courts have jurisdiction in felony cases. They also handle misdemeanors involving officials misconduct. District court judges preside over courts of inquiry. District judges must be lawyers and are elected for four years. Courts of Appeals Courts of Appeal came into being on September 1, 1981, to replace the Courts of Civil Appeals. The new courts have jurisdiction over both civil and criminal matters. The purpose of the change was to relieve the overcrowding of the Court of Criminal Appeals, which previously was the only appellate criminal court. Misdemeanors are appealed directly from the county courts to a court of appeals. Felonies are appealed from district courts. Texas has 14 courts of appeals with varying numbers of justices, depending on case loads. Court of Criminal Appeals This is the highest appellate court in Texas for handling of criminal cases. Its equivalent in civil law is the Supreme Court of Texas. Nine judges (so called as opposed to the term justices for the Supreme Court) preside. They serve overlapping six-year terms and are elected state-wide. One of the nine is elected presiding judge. The Court of Criminal Appeals hears death penalty cases directly from district court. Both the state and convicted person may appeal the decision of a court of appeals, but the high court may decline to hear a case without writing an opinion. The Court of Criminal Appeals also has the right to review a case from a court of appeals on its own motion if it thinks the case is important enough to rule on. Courts on Line Excellent information about the Texas court system is available on line at www.courts.state.tx.us/

Always then try to work with each other andremind each other why it is you love where you live.

y'all will be rich even though ....................... Posted on August 15, 2007 at 09:02:23 AM by d1 If y'all truly, Swear to God that you really care about you're community then you will pray for each other. Always then try to work with each other and remind each other why it is you love where you live. Otherwise quit bitchin and gather or borrow a couple of cups of sugar and add it to all those ripe sour lemons you have recently come into. Yeah, yeah , I know, you could sell them for a quarter each but lemonade tastes so sweet once you add the sugar......do not forget to stir! Replies: There have been no replies.

Then the popular vote or vote by the people count not the "electoral college's"?

CONCLUSION: UNCONSTITUTIONAL LAWS CANNOT BE SUPPLANTED BY THE ARBITRARY SELECTION OF ELECTORS BY LEGISLATORS AND REQUIRE A FULL RECOUNT OF ALL BALLOTS OR A NEW ELECTION EXHIBITS:

Heaven is a place on earth.....

Raised to the Infinity Power Squared HAPPY ANNIVERSARY LOVE let us do good to everyone Posted on June 6, 2007 at 03:38:32 AM by D1 to the infinity power squared* forever and a day. + All the LOVE in the world! = WATT U Give me ~I will be sending u! http://b4.boards2go.com/boards/board.cgi?action=read&id=1181119112&user=defensornews "As Many A There Are Grains Of Sand" "As Many As There Are Stars" Blog Archive * ▼ 2007 (6) o ▼ July (2) + Telemundo South Texas: Is this Man fit to be caged... + Black (Pearl Jam Cover)~That I’ve never shown befo... o ► June (4) + republic of texas: According to the Sentence Ramse... + I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fa... + Due Diligence + Infinity "raised to the power" of 2 Links # Google News # Defenzor.net # Nueces De La Parra # Jaime Kenedeno # El Defensor # South Texas Chisme # Ann Kenedy Fernandez School of Law # KFATSO.net # kingranch.com # EricVonWade.com # South Texas Judicial Watchdog # Wild Horse Desert # Sarita Kenedy East # Spohn Foundation Hospitals # Vatican Bank # The Vatican & the Richest Diocese in the World # Watts Law Firm # Town & Country # Nueces Republicans # Nueces Democrats # Republican Vote # Democrat Vote # CCNB # Kleberg First National Bank # Parkdale Bank # Humble Oil # Kenedy County # Nanotechnology # Citizensagainstcorruptjudges # Armstrong Ranch # Wikipedia # Montgomery & Associates # Judicial Committee on Information Technology # Jorge Rangel # Mi Palabra Es La Ley # Think Tank # Team Kenedeno # Jimmy Rodriguez # Posse Comitatus # Team Kenedeno Websites # Overlawyered # thewattslawfirm # San Patricio County Watchdog Authority Stairway to Heaven? Friday, June 15, 2007 Infinity "raised to the power" of 2 A number with an exponent is said to be "raised to the power" of that exponent. Posted by The Advocate at 10:05 PM 0 comments: ;

A star in the face of the sky............

ELTON JOHN LYRICS "Daniel" Daniel is traveling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes They say Spain is pretty though I've never been Well Daniel says it's the best place that he's ever seen Oh and he should know, he's been there enough Lord I miss Daniel, oh I miss him so much Daniel my brother you are older than me Do you still feel the pain of the scars that won't heal Your eyes have died but you see more than I Daniel you're a star in the face of the sky Daniel is travelling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes Oh God it looks like Daniel, must be the clouds in my eyes [ www.azlyrics.com ]

A star in the face of the sky............

ELTON JOHN LYRICS "Daniel" Daniel is travelling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes They say Spain is pretty though I've never been Well Daniel says it's the best place that he's ever seen Oh and he should know, he's been there enough Lord I miss Daniel, oh I miss him so much Daniel my brother you are older than me Do you still feel the pain of the scars that won't heal Your eyes have died but you see more than I Daniel you're a star in the face of the sky Daniel is travelling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes Oh God it looks like Daniel, must be the clouds in my eyes [ www.azlyrics.com ]

A star in the face of the sky............

ELTON JOHN LYRICS "Daniel" Daniel is travelling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes They say Spain is pretty though I've never been Well Daniel says it's the best place that he's ever seen Oh and he should know, he's been there enough Lord I miss Daniel, oh I miss him so much Daniel my brother you are older than me Do you still feel the pain of the scars that won't heal Your eyes have died but you see more than I Daniel you're a star in the face of the sky Daniel is travelling tonight on a plane I can see the red tail lights heading for Spain Oh and I can see Daniel waving goodbye God it looks like Daniel, must be the clouds in my eyes Oh God it looks like Daniel, must be the clouds in my eyes [ www.azlyrics.com ]

http://infinitypowersquared.blogspot.com/2007/06/infinity-raised-to-power-of-2.html

Enigma - Sadness Lyrics Procedamus in pace In nomine Christi, Amen Cum angelis et pueris,ang Real fideles inveniamur Attollite portas, principes, vestras et elevamini, portae aeternales et introibit rex gloriae Qius est iste Rex glorie? Sade dit moi Sade donne moi Procedamus in pace In nomine Christi, Amen Sade dit moi qu'est ce que tu vas chercher ? le bien par le mal la vertu par le vice Sade dit moi pourquoi l' 'evangile du mal ? quelle est ta religion ou` sont tes fide`les ? Si tu es contre Dieu, tu es contre l'homme Sade es-tu diabolique ou divin? Sade dit moi Hosanna Sade donne moi Hosanna Sade dit moi Hosanna Sade donne moi Hosanna In nomine Christi, Amen

A whole lot of precious time

I got my mind set on you I got my mind set on you I got my mind set on you I got my mind set on you But its gonna take money A whole lotta spending money Its gonne take plenty of money To do it right child Its gonna take time A whole lot of precious time Its gonna take patience and time, ummm To do it, to do it, to do it, to do it, to do it, To do it right child I got my mind set on you I got my mind set on you I got my mind set on you I got my mind set on you And this time I know its for real The feelings that I feel I know if I put my mind to it I know that I really can do it I got my mind set on you Set on you I got my mind set on you Set on you But its gonna take money A whole lotta spending money Its gonna take plenty of money To do it right child Its gonna take time A whole lot of precious time Its gonna take patience and time, ummm To do it, to do it, to do it, to do it, to do it, To do it right child I got my mind set on you I got my mind set on you I got my mind set on you I got my mind set on you And this time I know its for real The feelings that I feel I know if I put my mind to it I know that I really can do it But its gonna take money A whole lotta spending money Its gonna take plenty of money To do it right child Its gonna take time A whole lot of precious time Its gonna take patience and time, ummm To do it, to do it, to do it, to do it, to do it, To do it right Set on you Set on you (repeat) * George Harrison lyricsMy Sweet Lord * While My Guitar Gently Weeps

Tinsley v. State, 695 S.W.2d 93 (Tex. App.-Fort Worth 1985, pet. ref'd), WHERE IS IT?

Send this document to a colleague Close This Window NUMBER 13-00-496-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG JORGE FERNANDO BRIONES, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 107th District Court of Cameron County, Texas. O P I N I O N Before Justices Yañez, Rodriguez, and Baird (1) Opinion by Justice Baird Appellant was charged in a three count indictment with the felony offenses of securing execution of a document by deception, tampering with a governmental record, and hindering apprehension, respectively. Tex. Pen. Code Ann. §§ 32.46, 37.10, 38.05 (Vernon Supp. 2002). The trial court granted appellant's motion for instructed verdict on the third count. The jury convicted appellant of the offenses alleged in the first and second counts. The trial court assessed punishment at five years confinement in the Texas Department of Criminal Justice--Institutional Division, probated. We reverse and order an acquittal as to the first count, and affirm as to the second count. I. Factual Summary. These offenses arise out of a bail bond transaction. While the testimony at trial was both complicated and confusing, for the purposes of this appeal the evidence may be summarized as follows. Appellant worked as a bondsman for Castaneda Bail Bonds. He was asked to post a $75,000 surety bond for Maria Pulido, an alien, who was charged with the offense of possession of 950 pounds of marihuana, a second degree felony, and confined in the Cameron County Jail. Appellant agreed to post the bond, and was paid $7,500 to do so. The bond was presented to Sergeant Ricardo Bolivar, at the Cameron County Jail. Bolivar signed the bond. However, as will be seen below, the bond was invalid. Nevertheless, Pulido was released from custody, and presumably fled to Mexico, where she remains at large. II. Count One. Securing execution of a document by deception is prescribed by section 32.46 of the Texas Penal Code, the relevant portions of which provide: A person commits an offense if, with intent to defraud or harm any person, he, by deception causes another to sign or execute any document affecting the pecuniary interest of any person. Tex. Pen. Code Ann. § 32.46(a)(1) (Vernon Supp. 2002). The application paragraph of the court's charge tracked the indictment, and permitted the jury to convict if it found beyond a reasonable doubt that appellant, by deception "cause[d] Ricardo Bolivar to sign or execute a document affecting the pecuniary interest of Omar Lucio, Cameron County Sheriff. . . ." Appellant contends the evidence is insufficient to support the jury's verdict. Specifically, appellant argues the evidence is insufficient to prove Bolivar signed or executed a document which affected Lucio's pecuniary interest. In resolving a sufficiency challenge, we view the evidence in the light most favorable to the verdict, and ask whether any rational trier of fact could find the essential elements of the crime as alleged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 318-19 (1979). Critical to our resolution of this point of error is the testimony of Bolivar, Yvette Gutierrez, the bail bond administrator of Cameron County, and the Honorable Omar Lucio, the Sheriff of Cameron County. Bolivar testified he accepted the bond presented by appellant, signed it and placed it in a secured location, which was the normal policy of the sheriff's office because bonds have value. The bond was subsequently sent to Yvette Gutierrez. Bolivar stated the sheriff's department did not receive any of the money derived from bonds that were forfeited. Gutierrez testified there are three types of bail bonds: personal bonds, cash bonds and surety bonds. The latter is posted by a licensed bondsman to secure the release of the principal. To be licensed, a bondsman must be approved by the bail bond board. Some bond companies use the assets of insurance companies to secure their bonds. To utilize those assets, bondsmen attach a power of attorney to the bond to ensure the company is liable for the amount of the bond, and will pay if the principal fails to appear in court. If the amount of the power of attorney does not match or exceed the amount of the bond, the bond is invalid. In the instant case, appellant attached a power of attorney in the amount of $5,000. This amount was insufficient to ensure the principal's $75,000 bond. Nevertheless, the bond was signed by Bolivar, and Pulido was released from custody. When Gutierrez noticed the bond was invalid, she contacted Octavio Castaneda, the owner of Castaneda Bail Bonds, and he supplied a $100,000 power of attorney to secure the bond. Gutierrez explained that when a principal fails to appear, the bonding company is required to pay the amount of the bond. Depending on whether the offense was a felony or misdemeanor, the payment is made to the district or county clerk. Those funds are deposited into a specified road and bridge account for Cameron County. That account does not belong to the sheriff's office. When asked specifically whether the sheriff's office received any monies, or held a pecuniary interest in the bonds that were defaulted, Gutierrez answered, "No." Lucio testified on the subject of his pecuniary interest in this transaction. On direct examination, he testified as follows: Q. . . . What we want you to explain, sir, is how the bonds affect your office if your office were to receive a bad bond. Does that in any way affect the pecuniary interest of the Sheriff's department, of your office? A. Yes, sir. As a matter of fact, it not only affects my office, but it affects me personally. It affects all the people of Cameron County. My office, it affects it simply because I have a contract with the bonding company and when somebody gives me an invalid bond that it makes it very difficult for us to collect that money. That money is supposed to go back into the road and bridge [account] and that money is supposed to be used for the purpose of the benefit of the people of Cameron County, you, the people of Cameron County. So it affects us tremendously. When somebody like that gives an invalid bond and that person is released, it makes it very difficult for us sometimes to apprehend that person. And under my duties is also that when somebody who fails to go ahead and has an incomplete bond like that and then there's a judgment so we can go ahead and try to collect that money one way or the other. So it makes it difficult for us to do that if we don't have a valid bond. Q. Okay. So if I understand your answer, it affects it in many ways. One way it would affect you is that you have the individual contracts with those bondsmen as they're making it; and if they're giving you an invalid contract, then you don't have the funds that you're required to collect as your position as sheriff. That's one way? A. That's right. Q. And then you also mentioned that once the paperwork is submitted and it goes all through the system and that person doesn't show up and they do get a judgment on that bond, if it's an invalid bond, you as the sheriff cannot collect that for the county; is that correct? A. That's correct. Q. Okay. So it affects the pecuniary interest in at least those two ways? A. Yes, sir. Q. Now, in this particular case it was a $75,000 bond that was invalid, sir. We already admitted that into evidence. So if it were a $75,000 invalid bond, would it be safe to say that it affected your pecuniary interest in the amount of $75,000? A. Yes, sir, it certainly would. On cross examination, the following exchange occurred: Q. What is your definition of pecuniary interest? What do you mean by pecuniary interest that affects you or your department? A. Well, I'm a taxpayer. And when the county loses money, I lose money. Not only do I lose money, but any other citizen here in the county that pays taxes loses money. * * * Q. It's not just the sheriff's department, right? A. But definitely the sheriff's department because I am, I am in charge of the county jail. I am the one that's supposed to have a contract with the bonding company. So it affects me and the sheriff's department. Q. Out of every bond that is defaulted on and forfeited and the money is collected, how much of that money do you get or does your department get? A. I don't get a single penny; however, the money goes to the county and to be used for the benefit of the county. A bail bond is a written undertaking entered into by the defendant and his sureties for the appearance of the principal before some court or magistrate to answer a criminal accusation. Tex. Code Crim. Proc. Ann. art. 17.02 (Vernon 1977). As such, a bail bond is a contract between the surety (the bonding company) and the State. Castaneda v. State, 55 S.W.3d 729, 731 (Tex. App.-Corpus Christi 2001, pet. granted). The contract consists of a promise by the surety that the principal will appear before the court in exchange for a promise by the State that it will release the principal. Id. In the instant case, appellant breached this contract by posting an invalid bond to secure the release of the principal, Pulido. Because the term "pecuniary interest" is not defined under section 32.46, it is to be given its plain and ordinary meaning. Goldstein v. State, 803 S.W.2d 777, 791 (Tex. App.-Dallas 1991, pet. ref'd). After turning to the dictionary and thesaurus for assistance, the Goldstein Court determined the pecuniary interest requirement under section 32.46 was met if the complainant had a "financial stake" in the matter. Id. This is consistent with the legal definition of pecuniary interest: "A direct interest related to money in an action or case." Black's Law Dictionary 1131 (6th ed.1990). Therefore, the narrow question before us is whether Lucio, in his official capacity as the Sheriff of Cameron County, had a direct financial stake in the bail bond posted by appellant to secure Pulido's release. (2) Although sparse in number, the published cases which have considered the issue of pecuniary interest under section 32.46 are important to our resolution of that question. We begin with Goldstein, where the defendant's home sustained water damage. Goldstein, 803 S.W.2d at 783. The insurance company issued a draft payable to both the defendant and the mortgagee to repair the damage. Id. at 786. The defendant told the mortgagee the repairs had been made. Id. Based upon those representations the mortgagee endorsed the draft, and the defendant deposited the funds into his bank account. Id. at 787. However, the repairs had not been made at the time the defendant made those representations. Id. The Goldstein Court held the evidence was sufficient to prove endorsing the draft affected the mortgagee's pecuniary interest in the home because the draft was made payable to both the defendant and the mortgagee to "insure that repairs are completed when mortgaged property suffers damage and that if repairs are not made, the value of the mortgaged property decreases." Id. at 792. In Fisher v. State, 803 S.W.2d 828 (Tex. App.-Dallas 1991, pet. ref'd), the defendant was an out-of-state attorney, not licensed to practice in Texas. Id. at 829. He filed a lawsuit by signing the name of a co-worker who was licensed to practice in Texas, used her bar number, and requested the issuance of citation upon the complainant. Id. at 829-30. The issue was whether the execution of the citation by the clerk which made the complainant, as the defendant in the lawsuit, potentially liable for monetary damages affected the pecuniary interest of the complainant. The court held the evidence was sufficient because but for the execution of the citation, the complainant's affirmative limitations defense would have acted as a complete bar to liability. Id. at 830. Denying the complainant that defense would affect her pecuniary interest by subjecting her to potential liability. Id. Finally, in Tinsley v. State, 695 S.W.2d 93 (Tex. App.-Fort Worth 1985, pet. ref'd), the defendant misrepresented her employment status when applying for AFDC benefits. Id. at 97. The court held the evidence was sufficient to prove the defendant's deception affected the pecuniary interest of the Department of Human Resources (DHS) because that deception caused the issuance of a check payable to and cashed by the defendant. Id. Each of these three deceptive transactions directly affected the financial stake of the complainants: in Tinsley, the DHS actually expended money; in Fisher, the complainant's legal defense which would have barred her paying monetary damages was lost; and, in Goldstein, the mortgaged property decreased in value because the repair work was not done. However, those cases stand in stark contrast to the instant case where the deceptive transaction led to Pulido's release from custody. The mere release of Pulido did not directly impact Lucio's pecuniary interest. Indeed, this transaction would not affect anyone's pecuniary interest unless Pulido failed to appear. And upon her failure to appear, the bond amount would be paid by Castaneda Bail Bonds. Those funds would be earmarked to the Cameron County road and bridge account. There is no evidence from any source that either Pulido's release or her subsequent failure to appear would have a direct financial impact on Lucio in his official capacity as the Sheriff of Cameron County. In fact, the evidence is to the contrary. Gutierrez specifically testified Lucio's office received no monies, and had no pecuniary interest in forfeited bonds. Similarly, Bolivar testified the sheriff's department did not receive any of the money derived from bonds that were forfeited. And Lucio testified that his office did not receive "a single penny" of forfeited bond funds. When this testimony is viewed in the light most favorable to the prosecution, we find no rational trier of fact could find beyond a reasonable doubt that Bolivar's signing the bond posted by appellant to secure Pulido's release affected the pecuniary interest of Lucio. Therefore, we hold the evidence is legally insufficient to establish an offense under section 32.46(a)(1). III. Count Two. The second count of the indictment alleged the offense of tampering with a governmental record. Specifically, that count alleged appellant made a false entry on the bond with the intent to defraud or harm Bolivar. An offense under section 37.10 of the Penal Code does not require the prescribed conduct affect the pecuniary interest of another. Tex. Pen. Code Ann. §37.10 (Vernon Supp. 2002). We have carefully reviewed appellant's brief. His sole point of error is limited to the subject of Lucio's pecuniary interest. Since Lucio is not the complainant in the second count, and since pecuniary interest is not an element of the offense of tampering with a governmental record, appellant does not challenge the sufficiency of the evidence to support the jury's verdict to count two. The trial court's judgment as to count one of the indictment is reversed. The judgment of the trial court related to count two is affirmed. The case is remanded to the trial court with instructions to enter a judgment of acquittal as to count one. Tex. R. App. P. 43.2(c); Burks v. United States, 437 U.S. 1, 18 (1978); Greene v. Massey, 437 U.S. 19, 24 (1978). Charles F. Baird Justice Publish. Tex. R. App. P. 47.3(b). Opinion delivered and filed this 21st day of March, 2002. 1. Former Court of Criminal Appeals Judge Charles F. Baird assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998). 2. The fact that Lucio and the other residents of Cameron County had a nominal interest in the roads and bridges therein is not controlling because the indictment named Lucio in his official capacity as sheriff. Therefore, only in that capacity did Lucio have a justiciable interest in the subject matter of the prosecution. See generally Eddowes v. Curry, 599 S.W.2d 367, 370 (Tex. Civ. App.-Fort Worth 1980, writ ref'd n.r.e.) (county residents have only generalized interest in the enforcement of criminal laws) (citing Yett v. Cook, 115 Tex. 205, 281 S.W. 837 (1926) (legal action related to matters of law enforcement could not be maintained by one whose interest is only that of the public generally)).

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A committee of board members charged with recommending qualifications for a third-party consultant to aid the search met Tuesday and discussed a proposed timeline. <A TARGET="_blank" mmittee members Bill Clark, Dwayne Hargis and Harry Williams is coming up with what they're looking for in the third party, defined as either an individual or a firm. They proposed having a request for proposals ready for the full board's next meeting, Jan. 8. The consultant's main focus will be to find potential candidates. "I'm looking for someone to come in here and pick up where this thing fell through the cracks," Clark said. The board began its search in February after Superintendent Jesus Chavez left the district to take the top job in Round Rock's school district. In July, the board named Battle Ground, Wash., Superintendent Shonny Bria as the sole superintendent finalist for the Corpus Christi Independent School District. After several visits to the community, Bria declined the job. The board then voted to delay the search until after the board election in November. The board voted last week to terminate the contract with Austin-based Harold Webb and Associates, the firm that led the previous search. Clark said the new consultant wouldn't be expected to start the search from the beginning of the process because the board already has preliminary materials from the previous search, including a brochure produced by the district describing the position and what they're looking for in a leader. However, three new members have been elected since those materials were created. At the Jan. 8 meeting, the board will discuss modifying the brochure from the previous search, which lists the ideal candidate as a visible leader with strong instructional background, proven fiscal experience who is also a problem solver and bridge builder. New board member Carol Scott, who attended Tuesday's meeting, suggested the April 30 deadline to name a finalist or finalists after factoring in the time it would take to select a consultant and interview candidates. Board members said it is too early in the process to say whether more than one finalist will be named, but once named, state law mandates a 21-day waiting period before the board can offer anyone a contract. Scott and Hargis emphasized the importance of getting the community's input when constructing the superintendent profile. Scott suggested using Web-based technology, such as a survey on the district's Web site, to evaluate feedback from the community. Acting Superintendent Scott Elliff said the district would look into that possibility. Board members also discussed other ways to get input, including having public meetings at schools and having a public hearing during a board meeting. They will revisit those options in January. Williams said he agreed with having community input, but would prefer the consultant, rather than the board, oversee that. Williams also said he favored hiring an individual consultant from the Texas Association of School Boards rather than going through the process of gathering proposals and selecting a consultant. The board is expected to discuss both options in January. If the board opts to move forward with gathering proposals for a consultant, they could select a consultant as early as the Feb. 12 meeting. Deadlines Jan. 8 Next regular board meeting. Trustees are expected to discuss request for proposals for a superintendent search consultant. April 30 Tentative deadline for naming a finalist or finalists to the district's top spot. Contact Adriana Garza at 886-3618 or HYPERLINK mailto:garzaa@caller.com garzaa@caller.com

which is it ~The timeline they decided on was to select a consultant by Jan. 12? The search committee won't be using a consultant ....???

CCISD school board sets timeline for superintendent search

Dec 19, 2006 07:39 PM

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CORPUS CHRISTI - With the November elections out of the way the Corpus Christi Independent School Board members have been focusing on the task of finding a permanent superintendent.

The district's search committee met Tuesday to lay out a timeline for the process. The timeline they decided on was to select a consultant by Jan. 12. The superintendent's position would be posted on Feb. 15.

Applications would be accepted for a three-week period and the opening would close on March 2. Finally, the goal is to have the superintendent hired by April 30 to be in place for the next school year.

The search committee won't be using a consultant to do the superintendent search this time. The school board voted against the use of a search firm just over two weeks ago. What they did agree to during Tuesday's meeting, was to hire a consultant to handle the resumes in a confidential manner and make certain they are conducting the search properly .

"I'm deadline oriented, so I want to see dates and tasks associated with those dates, that we're communicating clearly both with the public and our fellow board members about what we think the path forward might look like," Carol Scott of the CCISD School Board said.

The superintendent search first began back in January, after Superintendent Jesus Chavez resigned to accept the top job in the Round Rock Independent School District. Since then, the district has made two failed attempts to find a replacement.

Two candidates, Dr. Tito Guerrero from Stephen F. Austin University and Dr. Patricia Watkins from Rhode Island, pulled their names out of consideration back in June. In July, Battle Ground, Wash., Superintendent Shonny Bria was named the sole finalist for Chavez's job, but she eventually withdrew her name.

The school board finally decided to put the search on hold until after the November elections. Scott Eliff has been serving as acting superintendent in the meantime.

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