Fernandez v. Texas (original by presiding judge keller)
Annotate this CaseAppellant James Fernandez was a Justice of the Peace in Val Verde County in 2012. In February 2012, appellant directed his chief deputy clerk, Veronica Mojica, to make travel arrangements for him to attend a conference in Orlando in June 2012. Mojica booked a nonrefundable plane ticket for appellant on a Southwest Airlines. The ticket was paid for with a county-owned credit card, issued in appellant’s name. After falling ill, appellant instructed Mojica to cancel all his travel arrangements associated with the June conference, including the Southwest Airlines flight. When Mojica cancelled the Orlando ticket, its $381.60 purchase price was converted into a ticket voucher for the same amount. This voucher was in appellant’s name and was set to expire on February 5, 2013. Later that year, the county auditor contacted Southwest Airlines and attempted to get a refund for the plane ticket Mojica had purchased, and then cancelled, for appellant. The auditor learned that the voucher had been used for a flight to Phoenix on August 8, 2012. Believing the Southwest Airlines voucher had been used for non-county-related travel, the auditor reached out to the Val Verde County Attorney, who in turn reached out to the Attorney General’s office. Appellant was ultimately convicted of theft by a public servant by way of deception. The Court of Criminal Appeals granted appellant’s petition for discretionary review to determine whether a public servant commits theft by deception when he purchases an airline ticket for county-approved travel with a county credit card but later uses the voucher resulting from the cancellation of the ticket for personal travel, without correcting the impression that the ticket would be used for county-approved business. The Court answered that question in the affirmative, and, consequently, affirmed the court of appeals.
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