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Click here for the full text of this decision FACTS:Lisa Creson, an attorney, previously worked in private practice with Barbara Hudson, whose legal assistant was Penny Cooper. The three developed a friendship. Around late summer 2001, Cooper, a single mother of three, confided to Creson that she was nervous about the cost of school clothing for her children. In response, Creson offered the use of her Dillard’s credit card to Cooper, who had no credit. Cooper kept up with the payments for the purchases of the school clothes but ran a balance on the Dillard’s card. Creson also assisted Cooper when Cooper rented a car by giving the car rental company Creson’s MasterCard as security for the rental. Creson usually went with Cooper to give the MasterCard to the car rental company. Cooper did not keep the MasterCard and paid the rental charges in cash. When a $100 charge showed up from Cooper’s use of the MasterCard in connection with a car rental, Cooper called MasterCard to ask about that charge. During the call, Cooper learned of an offer from MasterCard to transfer another credit card’s balance to the MasterCard for a lower interest rate. In order to complete the transfer, Cooper needed Creson’s Social Security number and her mother’s maiden name. Creson faxed Cooper a copy of her MasterCard with the card number written below the image of the card. Over the telephone, Creson also gave Cooper her address, birth date, Social Security number and her mother’s maiden name. Creson’s mother had not gone by her maiden name for approximately 51 years. Cooper wrote the information on the piece of paper with the faxed copy of Creson’s MasterCard. During this same period of time, Cooper dated Bobby Charles Long, who was regularly at Cooper’s house. Cooper said that Long had access to the piece of paper that had Creson’s MasterCard information and identification information, which he could have copied or faxed with Cooper’s copier or fax machine. Long was in the midst of starting up an ambulance business, Odyssey EMS. Cooper gave Creson several of Long’s business cards for Odyssey EMS to pass out to her mother and her mother’s elderly neighbors in case they might need an ambulance. Creson received a telephone call in September 2003 from Rudy Kircher regarding an office space lease for Odyssey EMS bearing the signature of a person named “Lisa” but with Creson’s mother’s maiden name as the last name. He asked Creson to “make the check good”; Creson, however, had no idea what Kircher meant. Creson realized from Kircher’s description that the person who had signed the lease was Penny Cooper. Creson cancelled both the MasterCard and Dillard’s card and contacted the police. Creson’s MasterCard statement for September 2003 revealed approximately $10,000 in unauthorized charges, which turned out to be related to the ambulance business. Cooper denied that she filled out the lease application form about which Kircher called Creson. Kircher explained that he faxed the application to Long, who first submitted a name that did not have sufficient credit for the lease. Kircher then faxed Long a new form, which was returned with the name and signature of a fictitious name ending in Creson’s mother’s maiden name, along with Creson’s Social Security number. Kircher presumed Long or someone at Long’s office returned the new lease form with the fictitious name on it. Cooper said that Long called her to sign the lease in the place of someone who could not make the signing. When she arrived at the place to sign the lease, Cooper saw the fictitious name. She nonetheless signed that name on the documents, knowing she was “doing wrong.” Cooper said she was not sure at the time what the source of the name was, though it sounded familiar. She later admitted that she knew she was fraudulently using the name when she signed the lease. A Stafford Police Department detective testified that he became suspicious during his investigation that the $10,000 in unauthorized charges that Creson reported may have come from Long. At Long’s business, Mutchler found a piece of paper with Creson’s name, address, Social Security number and mother’s maiden name. According to Creson’s MasterCard statement, all the charges occurred between Aug. 25, 2003, and Sept. 4, 2003. Mike Wetzel, owner of Lone Star Emergency Vehicle Services, testified that Long used Creson’s MasterCard information over the phone to pay for a series of repairs on a used ambulance purchased by Odyssey EMS. He said that Long told him the card belonged to his girlfriend, identifying her by the fictitious name. Cooper and Long were later arrested for fraudulent use of identifying information. Long gave an oral statement to a police officer after his arrest. In his statement, Long denied knowing the person whose name was signed to the lease. Long stated that Creson had faxed the piece of paper with her information knowing it would be used in his business and that he was informed through Cooper that Creson had permitted this use of the credit card for the business. Long further contended that Cooper had free use of Creson’s credit cards, “some of which [Cooper] still has.” At trial, Long filed a motion for the court to allow him to testify free from impeachment, which the court granted in part and denied in part. At the hearing, Long asserted that the state intended to impeach him with previous convictions. The state agreed not to mention Long’s 1993 conviction for misrepresentation of certification as an Emergency Medical Technician. The trial court ruled that the state could not impeach Long’s testimony with his convictions for burglary of a building in 1993 and carrying a weapon on school premises in 1986. The trial court, however, ruled that it would allow the state to impeach Long with a previous conviction for credit card abuse and a previous conviction for tampering with a government record, for which Long was still on parole at the time of this trial. Cooper pleaded guilty to fraudulent use of identifying information and received three years of probation. Cooper testified against Long at his trial, denying that she had allowed him to use Creson’s credit cards or information. Cooper also said Long tried to convince her to tell police that she misled him. Cooper further testified that the prosecutor in the current case had not “made any sorts of deals” with her and that no one in the district attorney’s office did anything to influence her testimony. Long’s business partners Basil Abdullah and James Henry testified that Long told them that Cooper’s aunt agreed to help financially with the business. The trial court convicted Long of fraudulent use of identifying information and credit card abuse. HOLDING:Affirmed. In four issues, Long contended that: 1. the evidence did not sufficiently corroborate accomplice witness testimony; 2. the evidence was legally insufficient; 3. the evidence was factually insufficient; and 4. the trial court erred by partially overruling Long’s pretrial motion to testify free from impeachment. Under Texas Code of Criminal Procedure Art. 38.14, a conviction cannot be had on the testimony of an accomplice unless corroborated by other evidence that tends to connect the defendant with the offense committed, and the corroboration is not sufficient if it merely shows the commission of the offense. Excluding the testimony by the accomplice Cooper, the court found that other evidence tended to sufficiently connect the accused to the commission of both offenses. Viewing the evidence in the light most favorable to the jury’s verdict, the court found the evidence showed that Cooper did not give Long permission or consent to use Creson’s credit card. A rational jury, the court stated, could have found beyond a reasonable doubt that Long was aware that he did not have consent to use the credit card and identifying information. Thus, the court found legally sufficient evidence to establish Long’s guilt for credit card abuse and fraudulent use of identifying information. In addition, the court concluded that the evidence was not so weak that the verdict was clearly wrong and manifestly unjust and that the verdict was not against the great weight and preponderance of the evidence. Thus, the court found that factually sufficient evidence established Long’s guilt for credit card abuse and fraudulent use of identifying information. Finally, because Long did not testify at trial, the court found that he failed to preserve error regarding his pretrial motion to testify free from impeachment. OPINION:Alcala, J.; Radack, C.J., and Alcala and Bland, JJ.

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