She Used Someone's Credit card Then Blamed Boyfriend—No Nonsense Judge Made Her Pay

[00:00:00]people need to understand when they have children, you can't be bringing people into their lives that you don't know who and what they're about. Before they brought him to your children's lives, you need to know who and what they're about.

[00:00:10]>> Yes, I do, your >> Because now the children have a mother who has felony charges.

[00:00:16]>> Court is calling 2022 CR8088, State of Texas versus Erica Lopez. Both parties announce for the record for the state.

[00:00:25]>> For the state, three stars.

[00:00:26]>> For the defense.

[00:00:27]>> I'm Philip people to defend an Erica Angulo video.

[00:00:30]>> And are you Ms. Lopez?

[00:00:31]Counsel, I'm showing you the discovery acknowledgement. Have you received all the discovery in this case and did you review it with your client?

[00:00:37]>> Yes, I have, your honor.

[00:00:39]>> Court will find that the state is in compliance with discovery. Ms. Lopez, I'm showing you what's entitled application for deferred adjudication or community supervision. Did you review that with your attorney? Did you understand it and did you sign it?

[00:00:51]Next, I'm showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:00:57]Counsel, do you waive the reading of the indictment?

[00:00:59]>> We do, your honor.

[00:01:00]>> State, are you proceeding on the indictment as presented?

[00:01:03]>> Yes, judge.

[00:01:03]>> Ms. Lopez, I'm showing you what's entitled court admonishments. Did you review that document with your attorney?

[00:01:08]Did you understand it and did you sign it in all the appropriate places?

[00:01:12]You understand you're charged with fraudulent use or possession of identifying information five items.

[00:01:19]Uh that is a state jail felony. The range of punishment is anywhere from 180 days up to two years in the state jail facility and up to $10,000 fine. Did you understand?

[00:01:29]If you have a plea bargain agreement with the state, the court does not have to follow your plea bargain agreement.

[00:01:34]If for any reason the court does not follow your plea bargain agreement and gives you more than you bargain for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:01:44]Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state will call and the right to remain silent?

[00:01:53]Did you understand by entering this plea bargain agreement you are giving up those rights.

[00:01:58]>> Yes, ma'am.

[00:01:58]>> And did you intend to give up those rights and enter into a plea bargain agreement in this case?

[00:02:04]>> Yes.

[00:02:05]>> All right. Did you understand that the court would have granted your application for deferred adjudication and for any reason your deferred adjudication were revoked, the court could find you guilty and sentence you up to 2 years in a state jail facility and up to $10,000 fine. Did you understand?

[00:02:17]>> Yes, sir.

[00:02:18]>> Counsel, has your client been able to provide you with any defenses?

[00:02:21]>> Yes, she has, Your Honor.

[00:02:22]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:02:26]>> Absolutely, she does.

[00:02:27]>> Do you believe she's currently competent and was legally sane at the time of the offense?

[00:02:31]>> Yes, Your Honor.

[00:02:32]>> Ms. Lopez, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:02:36]>> No.

[00:02:36]>> Has anyone promised you anything other than the plea bargain agreement? Are you satisfied with the way you've been represented? Are you a U.S. citizen?

[00:02:43]Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[00:02:51]>> Yes, sir.

[00:02:52]>> According to the plea, the state recommends deferred adjudication.

[00:02:55]There's to be no contact with Maria Robles.

[00:02:58]Our uh I'm assuming this is her home address.

[00:03:01]>> Yes, Judge.

[00:03:02]>> Or her home address. Did you understand that to be the plea?

[00:03:04]>> Yes, sir.

[00:03:05]>> Defense?

[00:03:06]>> [clears throat] >> Is that the plea?

[00:03:07]>> That's the plea, Your Honor.

[00:03:08]>> State?

[00:03:09]>> Yes, Judge.

[00:03:09]>> Next, I'm showing you the paragraph entitled waiver of appeal paragraph. Did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:03:17]Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:03:27]Counsel, have there been any such motions?

[00:03:28]>> No, Judge, there has not.

[00:03:30]>> Next, I'm showing you outside the plea bargain agreement, the state is requesting that your deferred adjudication be for a term of 2 years.

[00:03:36]There be a TAP evaluation and 120 hours community service restitution. Did you understand those are recommendations from the state and the court does not have to follow those recommendations?

[00:03:44]>> Yes, sir.

[00:03:45]>> Then to the offenses charged in the indictment, how do you plead? Guilty, not guilty, or no contest?

[00:03:50]State, any evidence?

[00:03:51]>> Yes, Judge. State's exhibit and all attachments.

[00:03:54]>> No objection, Your Honor.

[00:03:55]>> Ms. Lopez, I'm showing you what's entitled waiver and consent to stipulation of testimony and stipulations. Did you review that with your attorney? Did you understand it?

[00:04:02]Did you sign it in all the appropriate places?

[00:04:04]>> Yes, ma'am.

[00:04:05]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call, and the right to remain silent?

[00:04:13]>> Yes.

[00:04:13]>> Did you understand that today the state will be presenting evidence in the form of witnesses' statements and police reports, but most importantly there will be no live testimony? Did you understand?

[00:04:21]>> Yes.

[00:04:22]>> Court will find that defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulation. Court will accept into evidence state's exhibits one and attachments and review the same.

[00:05:11]>> [clears throat] >> All right, after reviewing state's exhibits one and attachments, the court will find there is sufficient evidence to find you guilty. Court will defer finding of guilt as you applied for deferred adjudication. Are you proceeding with uh sentencing?

[00:05:36]>> Yes, we are, Your Honor.

[00:05:37]>> Anything you wish to say on behalf of your client?

[00:05:39]>> Uh you Your Honor, um Ms. Lopez is a is a veteran, Your Honor.

[00:05:44]Uh she's employed and um she has two children. Um she And she does not make that much money.

[00:05:55]She's a Uber Lyft driver to make ends meet.

[00:06:00]So we're asking the court to follow the agreement. She made a bad decision that day and she will regret it. So we're asking the court to consider all those things.

[00:06:10]>> All right, why are you stealing?

[00:06:13]>> Because that's what this is. It's called, you know, fraudulent use and possession of identifying information, but basically it's stealing.

[00:06:21]>> I made a very poor choice at that time in my life. I I'm not going to put the blame on somebody else, but I was dating somebody at that time and it's he made it sound easy.

[00:06:37]And I at that time I was COVID started and I wasn't working and I was losing child support and it was just hard for me.

[00:06:46]>> So if you're drug tested today, what are the results going to be? And you're going to get drug tested today.

[00:06:50]>> No, that's fine. Um they would be I would be clean.

[00:06:54]>> Negative?

[00:06:55]>> Yes.

[00:06:56]>> All right.

[00:06:56]>> I'm just I'm nervous right now cuz I've never been in trouble. I've never been arrested. This is my first time.

[00:07:02]>> Mhm.

[00:07:03]>> So I'm this is all new for me right now.

[00:07:06]>> And so who is this person you were with?

[00:07:08]>> Uh Benjamin Saltzwedel.

[00:07:09]>> All right, and where is he now?

[00:07:11]>> I have no idea. I haven't spoken to him in in over a year.

[00:07:14]>> So do your children live with you?

[00:07:16]>> Yes, they do.

[00:07:17]>> So why would you bring this person into their lives?

[00:07:20]>> I didn't know at that time who he was and what his everything that he was about until afterwards and then but by then I was already I was already wrapped up in >> And see that's what people need to understand when they have children. You can't be bringing people into their lives that you don't know who and what they're about. Before they're brought into your children's lives, you need to know who and what they're about.

[00:07:42]>> Yes, I totally >> Because now the children have a mother who has felony charges.

[00:07:49]So, are you employed?

[00:07:51]>> I'm a medical assistant, so now it's this is not very >> Doing what as a medical assistant?

[00:07:57]>> I would just go over medical assistant.

[00:07:59]>> No, I mean, what are you doing?

[00:08:01]For employment.

[00:08:01]>> Right now, I drive for Lyft.

[00:08:03]>> Okay.

[00:08:04]>> Because I I I'm I needed the hours to pick up my daughter up from school.

[00:08:09]I don't I don't like the writing public transportation myself.

[00:08:13]She goes to Fox Tech.

[00:08:14]>> Okay.

[00:08:15]All right. 2 years deferred adjudication, no contact with Maria Robles or her address.

[00:08:36]Proof of employment within 30 days.

[00:08:42]There's to be no employment as a home health care provider or with minors.

[00:08:48]Parenting classes.

[00:08:53]120 hours of community service restitution. 40 of those hours will be waived if you provide proof of the COVID vaccination. The court is not requiring it, but if you do, 40 of those hours will be waived. The remaining of the hours will be waived once you complete parenting classes. There's to be regular reporting by Zoom or in person.

[00:09:17]I'm going to want field visits one time per month for 3 months.

[00:09:27]And then if there's no problem, it can be just random field visits.

[00:09:36]There's to be regular And there's to be a UA today.

[00:09:49]Uh probation, is there anything else she needs?

[00:09:56]Uh in court.

[00:10:01]Because I'm requesting it and you're on probation and I can request that, so you're doing a UA today.

[00:10:07]Is there an issue with doing a UA today?

[00:10:14]Okay. [clears throat] All right. Then there'll be no problem.

[00:10:18]All right, is there anything else that's uh All right. I'm showing you what's in title uh trial court certification of the defendant's right to appeal. Did you review that with your attorney? Did you understand it? Did you sign it?

[00:10:31]Because this is a plea bargain agreement, because I followed your plea bargain agreement and because you waive your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:10:39]All right, do you need any uh water?

[00:10:44]Uh well, we'll have you remain here till you provide me with the sample.

[00:10:50]Thank you.

[00:10:51]All right, Quinton Boutte.

[00:10:53]All right, we're back on the record and uh CM101864 State of Texas versus Elizabeth Romo. If I could have the parties please re-announce for the record.

[00:11:04]>> Sparks for the state.

[00:11:06]>> Danny Callahan for the defense.

[00:11:08]>> All right, and are you Ms. Romo?

[00:11:10]>> Yes, ma'am.

[00:11:11]>> All right, uh state, you've had a chance to confer. Uh are you still in um opposition to the PR bond application?

[00:11:20]>> Yes, judge. And we were unable to convey an offer today cuz we need to reach out to the complaining witness.

[00:11:25]>> Okay.

[00:11:25]And is there a reason you are opposed to the PR bond?

[00:11:29]>> Um just given the nature of the charge um, as well as her previous arrests, even though they're not convictions, we would urge the court to go with that.

[00:11:40]>> Okay.

[00:11:41]All right, the court is looking at her, um, criminal history.

[00:11:45]And while she does have cases that, um, maybe she was arrested for or charged for, all of them are have been no billed or either dismissed except for, um, the aggravated assault with a deadly weapon. It was she was placed on deferred adjudication and that was dismissed because she completed the deferred adjudication. Is the court reading that correctly, State defense?

[00:12:10]>> You've been on deferred.

[00:12:11]>> Yes, ma'am.

[00:12:13]>> Okay.

[00:12:15]All right.

[00:12:16]Um, the court will hear argument with regards to the, uh, PR bond.

[00:12:21]Uh, the state has already informed the court why they wish to, uh, be opposed to this, defense.

[00:12:27]>> In my opinion, she would be not a danger to herself or others.

[00:12:33]She has no record that I'm aware of. The damage is to a door frame and to a mattress. No real damage. She owns the building.

[00:12:44]>> Mhm.

[00:12:47]>> She ain't going anywhere.

[00:12:48]Her roots are here in Round Rock.

[00:12:51]And in my opinion, we're not going to trial.

[00:12:54]>> Okay.

[00:12:55]All right. So, the court will deny her application for a PR bond, but the court will consider a bond reduction. What type of bond is she able to make?

[00:13:05]>> She has no money, you know.

[00:13:07]>> Mhm.

[00:13:10]I mean, does she have nothing? Have you have you talked to her about any type of bond?

[00:13:17]Because currently her bond is at 30,000 and the court will reduce that bond.

[00:13:22]My concern is I honestly don't know anything about the alleged facts of this case and the fact that she has a prior deferred adjudication for aggravated assault with a deadly weapon and now we're hearing an arson case. I'm more than willing to reduce the bond. So if someone can give me some sort of amount >> No, we don't have any money. She I'm court appointed your honor. She's been in jail. She had money she'd be out by now.

[00:13:51]>> All right. State any requests for a bond amount?

[00:13:54]>> The state would be fine with whatever you think is reasonable for a reduction.

[00:13:58]>> All right.

[00:13:59]Then I'm going to set her bond at $5,000.

[00:14:03]And what we'll do is we'll come back in 3 weeks if she's not released then the court will reconsider the PR bond.

[00:14:10]>> 3 weeks your honor?

[00:14:11]>> Yes.

[00:14:11]>> Thank you.

[00:14:12]>> All right Miss Ferguson, can I have a 3-week reset for Miss Roma?

[00:14:16]>> I don't think I can get a D page.

[00:14:31]>> Mr. Callahan will be back on November 10th.

[00:14:34]>> Thank you your honor.

[00:14:35]>> You're welcome.

[00:14:37]>> Erica Lopez stood in front of Judge Boyd after pleading guilty to fraudulent use of identifying information, a state jail felony tied to stolen personal data.

[00:14:46]She told the court she was in a tough spot financially raising two teenagers and got pulled into the scheme by a man who swore it was quick easy money.

[00:14:56]Judge Boyd didn't buy it.

[00:14:58]He made it clear that theft is still theft no matter who talked her into it.

[00:15:03]Things got tense when the judge asked why she let someone like that around her kids.

[00:15:08]There was also an odd moment when Erica looked confused after being told she'd have to take a drug test.

[00:15:14]When sentencing came Judge Boyd gave her 2 years of deferred adjudication.

[00:15:19]She'll have to complete community service, pay restitution, attend parenting classes, follow supervision requirements, and stay away from the person involved under a strict no contact order.