Fourth Court of Appeals upholds former Justice of the Peace Cesar Perez’s conviction

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

The Texas Fourth Court of Appeals in San Antonio, Texas upheld the conviction of former Maverick County Justice of the Peace Cesar Perez by a Maverick County jury of theft of property valued between $1,500 and $20,000 by a public servant pursuant to one scheme or continuing course of conduct on July 2, 2014, denying Perez’s appeal of his conviction announced 293rd Judicial District Attorney Roberto Serna.

A seven women and five men Maverick County jury found Perez guilty of theft by a public servant of more than $1,500 but less than $20,000, a third degree felony, after a week long trial before the Honorable Amado J. Abascal, III, in the 365th Judicial District Court in Maverick County, Texas on August 15, 2013. Also pleading “No Contest” to theft by a public servant were Perez’s two secretaries in his Justice of the Peace Precinct Two Office, Martha Zamarripa and Elisa Martinez, who turned State witnesses against Perez in exchange for deferred adjudication.

Perez raised two issues on appeal before the Fourth Court of Appeal, including that the evidence was insufficient to corroborate the accomplice witnesses, Zamarripa and Martinez, testimony and that the evidence was insufficient to sustain the conviction.

The Texas Fourth Court of Appeals in an opinion written by Justice Sandee Bryan Marion and Justices Karen Angelini and Patricia O. Alvarez joining in the opinion unanimously denied Perez’s two points of appeal, affirming Perez’s conviction of the third degree felony of theft by a public servant.

Perez was sentenced to eight years confinement in a State of Texas penitentiary but the sentence was suspended for eight years probation and a $5,000 fine by District Judge Amado J. Abascal, III, on October 1, 2013.

Perez may still appeal the Fourth Court of Appeals decision to the Texas Court of Criminal Appeals in Austin, Texas if he so chooses. If he does not appeal the Fourth Court of Appeals decision affirming his conviction, Perez’s conviction will become final. It is unknown if Perez will appeal the Fourth Court of Appeals decision to the Texas Court of Criminal Appeals.