Cul De Sac Politics

Leverage Buy

2008-05-13T06:06:00.000-07:00

Local
APAC reduces workers

By Fanny S. Chirinos (Contact)
Saturday, July 7, 2007
Corpus Christi quietly has lost hundreds of jobs during the past year, the result of downsizing and high turnover at one of the city's largest employers.

The losses at APAC Customer Services occurred unannounced to the public, other than notations required in filings with the U.S. Securities and Exchange Commission because APAC is a publicly traded company. The shrouded approach was a stark contrast to the buyout tone at the company during the past few years when it told economic development officials it would be able to hire hundreds of new employees each year. In July 2006, the company ranked as the city's 10th largest employer with 1,200 employees, according to the city's Comprehensive Annual Financial Report. It now has about 620 employees.

George Hepburn, APAC's chief financial officer at the corporate office in Deerfield, Ill., said the company hasn't downsized in the past year and has had about 600 employees in Corpus Christi since last July. The company also relocated its office in Corpus Christi to the downtown Frost Bank building to accommodate the smaller work force, as it was using only half of its call center at 4525 Ayers St., Hepburn said.

"We were approached by the landlord who wanted to take back the building for a former tenant," said Hepburn, who didn't know who the identity of the former tenant. "Rent costs went down and now our employees have a view of the bay."

The landlord of the Ayers Street location is listed as Commercial Net Lease Realty, an Orlando-based company now known as National Retail Property. Calls to National Retail were not returned Friday.

Roland Mower, president and CEO of the Corpus Christi Regional Economic Development Corp., said the decrease in APAC's number of employees could be because of high turnover and a company decision not to fill those positions. He said the losses are being absorbed by the community and are not making a significant impact on Corpus Christi's employment.

Hepburn would not comment on the disparity or why the company did not fill the positions.

"My guess," Mower said, "is that most of the people who left have found other jobs. I would guess the industry turnover is about 100 (percent) to 200 percent. So if a company has 100 employees, they could go through 200 employees within a year. Sometimes people quit because they had something else lined up."

APAC officials approached the Economic Development Corp. last fall saying they were thinking of leaving Corpus Christi and requested a subsidy, a grant from the city, as incentive to stay. The Economic Development Corp. board recommended the city grant a $400,000 subsidy to be paid during the course of five years in exchange for APAC maintaining at least 539 employees, Mower said.

Irma Caballero, the city's director of economic development, said the City Council should consider the subsidy in the next couple of months.

The company operates eight call centers throughout the United States, but is moving some operations offshore. It is downsizing its call center in Tucson, Ariz., and expanding facilities in the Phillippines.

Contact Fanny S. Chirinos at 886-3759 or chirinosf@caller.com

(38) User Comments:
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related links Posted by 460608 on July 7, 2007 at 6:08 a.m.

Let's see. APAC's starting is what? $2.65 an hour? Or, whatever the minimum wage is. The lost jobs were absorbed by the community. Where? Mowing lawns, house cleaning, car washes, Stripes stores, Whataburgers, not Commons it isnt opened yet.

And, APAC wants the city to hand over how much money to stay in town? With the pro-growth faction in this city they should have asked for double.

Now they are going off-shore. Where the starting salary will be next to nothing, and APAC pays no taxes.

APAC should have asked the city of Corpus Christi for triple.
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related links Posted by 414367 on July 7, 2007 at 6:49 a.m.

Any company opening businesses in other countries should be required to pay US wages and benefits. And be required to observe our anti-polutions laws.
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related links Posted by 317094 on July 7, 2007 at 9:51 a.m.

The world is always better off with fewer telephone marketers. Do not use the phone I pay for, that I have for my personal use, to market your product. Good riddance.
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related links Posted by 243280 on July 7, 2007 at 10:02 a.m.

newsman, I agree with you but APAC is an imcoming call only customer service business which provides good jobs to be used as a stepping stone to something better.
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related links Posted by 700712 on July 7, 2007 at 11:09 a.m.

APAC has always paid $6.00-$7.00/hr or more. And good benefits.

The thing is the jobs are so darn boring, that the turnover is hell. Nobody ever stays for long. And everybody knows, that having to keep training, training, traning, costs horrendous.

But it's sneaky how they have changed their profile as one of the major employers in town to none of them with nary a word to the public. God job, Caller-Times, for ferreting the truth out about this.

APAC has milked the "Economic Development" people for all they could, but when it went downhill, they went downhill real stickum.

Good riddance, APAC, I think everybody who ever wanted to work for APAC has, and never wants to again.
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related links Posted by 255027 on July 7, 2007 at 1:33 p.m.

Let all the cities, counties, states, and federal government continue to subsidize these bribery artists. It's only money! Why should ANY government agency have to give abatements, subsidies or anything else for that matter? If a company wants to come to Corpus Christi, Nueces County, or Texas, let it be because the weather is somewhat better year round, and THERE ARE willing and skilled workers, but not willing indentured servants. If someone responds with; "well, they provide jobs!" That they do is to be sure, but what kind, and how secure? People need to be paid above the poverty line level just to get by. The money that has been blown by the city, county or state to get companies to come here could have been used in so many better ways, like infrastructure (jobs), work incentive programs for teens (jobs) a better paid police force (better moral and benefits to those that watch over us). This free teat to companies that won't come here unless they get some green under the table can't and shouldn't stand anymore.

As for companies locating overseas, let's say, hmmm! Hey! Halliburton! $20 Billion for contracts in Iraq and they are moving their headquarters to Dubai to avoid paying taxes. Not a bad combination, war profiteers, and unpatriotic profiteers at that by not paying badly needed taxes to support the TROOPS they tell the world that they support so fervently. Contracts gotten by, shall we say, DUBIOUS means (Pun intended on Dubai just in case anyone missed it) with their connections to the Halliburton House...SORRY, I misspoke; I meant the Dick and George One Trick Pony Show. Who knows how many other companies are gone already, or are planning to outsource some more of their work to India, China, Mexico, ad nauseum? Just think if Congress ever really got their act together and gathered some testicular fortitude and passed a law that says, if you move out of the U. S., all laws for polluting, taxes, and penalties for not making the country they move to better for the people there (read maquiladoras) remain the same no matter where you headquarter yourselves so that the fighting men and women of the United Stated Armed Forces have the money provided by your tax dollars (since you would want the same troops to go and get you out of the country or countries you moved to save your bacon) to have the wherewithal to have only the best of everything they need, before, during, and AFTER the fight, and not just let them become homeless, forgotten "heroes" that we hold up to the limelight when there is a battle to be fought, and then drop them like a sack of rotten potatoes nobody needs or wants anymore afterwards. Hey, I have an idea, why don't these companies that go overseas adopt a battalion each and see to their needs since it is generally in their interest that battles are fought for anyway! Come on what do you say all you patriotic tax dodgers? Let's show everybody HOW BLOODY patriotic you REALLY are!
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related links Posted by 241752 on July 7, 2007 at 5:41 p.m.

Apac is not the only company in Town here to go India.
Check out First Data they were bought out by some other company. Now they are moving there business to a foreign country.
they call my house and they will get a Hang up.
or if i call one of these 1-800 #'s and some accent is on the other end. i will not do business with what ever company it is.
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related links Posted by 390982 on July 7, 2007 at 5:48 p.m.

That's what you people get for crying for more malls instead of better paying jobs, Cudos to the city council for developing shopping malls and no relevant jobs.
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related links Posted by 251916 on July 7, 2007 at 6:51 p.m.

This is where you have to be careful about offering incentives...make sure that when you do offer them, that if the company pulls out, because they think it's cheaper to do business elsewhere, that they pay for it. Offer them a lot of carrots for doing the right thing, but be prepared to whack the heck out of them with a stick if they do the wrong thing. I thought the comment made about the employees having a bay view, is kind of a cheap slap across the face to the workforce. I'd rather have stability, than a "bay view". One good thing, is that the job losses were absorbed, and that's better than NOT having those losses absorbed. I hope that the CCEDC is working on updating their website, as far as what their current projects and plans are for attracting business to the city and area. I agree with the notion that the entire coastal bend region needs to work as a region, and not in competition with each other. I have to admit, for all the bad news that could be said about the area, the good thing is that the port is strong, the La Quinta tradeport is a reality and the Joe Fulton corridor is about finished. Given that this city has such a strong base with the port, existing petrochemical facilities and a strong healthcare base, I would think the best bet would be enticing medical device manufacturers to move here. With Corpus Christi's lower costs vs. elsewhere in the country, even vs. Austin, which is a technological powerhouse, this would be a good niche area to develop and grow.
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related links Posted by 378762 on July 7, 2007 at 6:55 p.m.

I agree with jalongoria, the money spent to lure stores to the Commons, should go to court national and international business.

Yes the Commons will have stores which will hire people but those salaries will be minimum wage to probably a dolllar over and have just as much of a high turn over rate as APAC.

If Corpus is to be a player on the world market it needs to draw real business that pay higher than minimum wage salaries
and offer real incentives to keep those national based corps in Corpus.

San Antonio, Houston, Dallas, Ft. Worth, Austin did not get to where they are today by giving tax breaks and incentives so more malls could be built, no they used the tax dollars to go out and court big industry.

The powers that be will always have small town mindedness and until that mindset is wiped out Corpus will never truly compete on the world market.

Until the good old boy system is abolished in Corpus it will be business as usual and the citizens suffer because the CIty Council and others have decided Malls are more important.
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related links Posted by 698928 on July 7, 2007 at 9:36 p.m.

I worked at APAC for 2 years and was fired about 5 months ago on a lame and over-trumped violation of "rules". ( I told a customer conversationally that I had 2 minutes until I went home this was something I had done probable 100 times. Others were fired when a supervisor told them to clock in from lunch and then take another 30 minutes they didn't like the way the reps handled doing it and fired about 10 people in one day. APAC was trying its hardest to downsize without paying unemployment, and they did just that.
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related links Posted by 376168 on July 8, 2007 at 2:49 a.m.

corpus will always be a small town so get used to it. took me 40 years to get out never will miss it.
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related links Posted by 251916 on July 8, 2007 at 3:18 p.m.

Vivian,
Austin has used tif's for retail development, and I should know, as I LIVE in Austin. We just built the Domain in far north Austin, on a parcel of land that used to be the old IBM complex that had been vacated. There's going to be a lot more tax revenue and subsequential development happening as a result. It has been a huge success, and we're better for it. It's another development feather in our cap, another reason why people want to come here, and why business wants to come here. Corpus Christi doesn't have enough good retail, or attractions to make most businesses want to come there. You've got to develop all aspects of your economy, not just parts of it. you keep saying "no" to everything, going nowhere, and not improving things...and then whine and gripe about how businesses won't come? If you treat developers of proposed attractions and retail so negatively, don't you think that they don't talk about how they were treated? You've said "No" for so long, and you have nothing to offer anyone who would want to come in with the jobs. Why else do you think the Valley is putting corpus to shame? Why do you think Port Aransas and Rockport are moving forward, but CC is just stagnating. What good have you done the city and the region with your attitude?
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related links Posted by 701003 on July 9, 2007 at 6:45 a.m.

Corpus doesn't want new. Years ago Bass Pro huge store in Houston,Dallas was wanting to come into the bayfront area. Our guys said NO!!!! Corpus wants only what they want small. People it's not going to happen as long as they continue to say NO! I don't blame these guys not to come when they tag it as no better not!!
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related links Posted by 700712 on July 9, 2007 at 9:58 a.m.

San Antonio and many other towns have used TIFs to lure Japanese automakers to their towns.

Now there are jobs we all could use.

Why aren't the City's lobbyists going after the automakers? We have plenty of space for a big car factory. If First Data moves out, there's one big spot, and there's empty space next to them.
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related links Posted by 287385 on July 9, 2007 at 11:03 a.m.

Put APACs business and what you think of it aside because you are all missing the point. When ANY company sees its workforce cut in half and keeps it as much of a secret as possible, what is happening? They are not performing well enough to employ their previous numbers. How many businesses do you know of would cut their workforce and sacrifice more revenue if they had enough business to support it?

So, how much sense does it make to give $400,000.00 to a business that is not performing well? Does simply throwing money at a problem (or problems!) fix it?
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related links Posted by 700473 on July 9, 2007 at 12:08 p.m.

I think this says it all

http://www.coastalbend.com/CorpusChri...

If you cant get to this link, go to coastalbend.com
For Corpus Christi, click on that recent story for
"having to work on my own time"
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related links Posted by 702352 on July 9, 2007 at 5:28 p.m.

"Rent costs went down and now our employees have a view of the bay"---This is what APAC was pushing to their employees when they were told APAC was moving downtown. I'd rather have stability than a view by the bay. Sounds to me APAC is deciding to pull out of Corpus. APAC has always been sneaky about everything they do. I remember when a someone wanted to start a union. What happened to this person? This person got fired not for trying to start a union, but for his stats. We all know the real reason why this person got fired. I wouldn't be suprised if APAC decided to pull out next month.
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related links Posted by 699743 on July 10, 2007 at 11:40 a.m.

Are you kidding me? APAC was some of the best Sexcapades of my life...The girls there were like very plentiful and easy to date. it was a meat market as far as I'm concerned. Girls and Guys sleepingaround all over the place...Like a true life soap opera even though I only worked there for two months...Same with SITEL...WOOO WEeeeee..
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related links Posted by 252777 on July 11, 2007 at 7:24 a.m.

That place (APAC) is a gossiping mess...more so than the average workplace. I will never understand how it lasted as long as it did! The training, the "at-will" hiring and firing policy, etc....just added to the debacle. Not to mention the place was filthy....dirty! Sorry about the job loss for those who lost them, but believe me, if you get in a comfort zone at APAC....you are in real trouble and so is your future. Consider this a blessing to move on to a better place in life.
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related links Posted by 699743 on July 11, 2007 at 8:41 a.m.

You got that right! It WAS a really dirty place...I am pretty ashamed of myself for have worked in such a place. Promiscuity and all kinds of Debauchery!!! I found out some of my co-workers had caught STDs from some of the girls there. I got checked IMMEDIATELY after this and to my very fortunate suprise I was clean and then QUIT that gestation of lust and drama...
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related links Posted by 461718 on July 11, 2007 at 9:44 a.m.

so what lesson did we learn JOSE???
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related links Posted by 461718 on July 11, 2007 at 9:50 a.m.

hey so which people did they let go? the ones with all the STD's? sorry I had to throw that in...
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related links Posted by 699743 on July 11, 2007 at 10:38 a.m.

Lesson learned = Don't eat the Apple just because it's shiny and pretty...
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related links Posted by 399857 on July 11, 2007 at 11:57 a.m.

My fiance worked for apac for maybe 10 months, I didn't like his hours, so I convinced him to find a better job. After he applied a couple of places, they called his supervisor at apac to ask about my fiances performance. His Sup. was not too pleased about it. The supervisor then called my fiance into his office and told him "If you don't want to be here then leave NOW!" and pointed to the door. All because he was seeking WAY BETTER opportunities. WHAT THE HELL DOES APAC EXPECT? FOR PEOPLE TO MAKE A CARREER OUT OF ANSWERING PHONES? I'm so glad he got out of that disgusting place!
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related links Posted by 702463 on July 11, 2007 at 12:17 p.m.

I was a team lead at APAC for almost a year, and was never treated the way an employee of a "major corporation" should be treated! They were finding any way they possibly could to get rid of jobs, promised pay raises that never came to fruition, and were always making changes to "better" the company for everyone. Turns out the changes were to better the company for itself, not for everyone involved. I agree that APAC was full of drama, was basically a den of sin for sexually promiscuous people, and was not the shining example of a stellar corporation. They told people that all was well, and then pulled the rug out from underneath them in true APAC fashion. The city council simply needs to overlook any kind of subsidy or grant for this company and let them leave, because thats what they are going to do anyway! As someone not originally from here, this city needs major businesses to come in here and allow this city to expand the economy. If this city had a better economy, and more major corporate jobs, this would be an even more amazing place to live! Corpus has so much to offer, and yet does so little to attract people to it. Good riddance APAC, and to my former fellow co-workers, I am sorry if you lost your job because of this disaster of a company. The job market here is very tough, but I hope you all find something much better!
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related links Posted by 699743 on July 11, 2007 at 2:05 p.m.

It wasn't much difference at 1st data... I worked these jobs right out of High School while going to college. These aren't REAL jobs...Please...You'll never be able to support a wife and family with this hole of a job. The sad thing is that The Best Company out of the three was SITEL. At least they were cool with their people. I moved up with SITEL because of my tech experience...That helped me get into the IT field. APAC (More like 2PAC and leave) Was a worthless waste of time, except for the dating experience... The higher position managers would take advantage of their powers and sleep with all the hotties first before letting them to the rest of the denizens. Some of these girls and guys worked up the ladder to higher positions within the company just by sleeing with the right people on the management staff. I kid you not...It is SAD but I am glad it finally backfired on them. Sad to all the "Good" employees who were just trying to make through college or get some bread on the table.
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related links Posted by 699743 on July 11, 2007 at 2:14 p.m.

BTW...Everything I've been talking about was 10 years ago.
FYI
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related links Posted by 702497 on July 11, 2007 at 9:47 p.m.

Money + Greed = Failing Economy. Isnt CC a great place to live?
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related links Posted by 330390 on July 11, 2007 at 10:29 p.m.

well I worked at apac from 97-00.. I made about 10.75 an hour. but i live in waco now and have never made what I make now here in waco. And I think Waco is much smaller than Corpus and make a heck of alot more now. But I did use APAC as a stepping stone.
Sad to hear that its leaving or has downsized.
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related links Posted by 269864 on July 12, 2007 at 2:04 a.m.

I suggest Mr. Mower who gets paid to do who knows watt.....should move to the TWC building and hang with his drones.

The CCREDC is nothing more than Bloodsucking mosquitos who are paid to utilize taxpayer money to pay their "1 Shoreline plaza office rent,AEP, Water and gas bill all funded by you the sales tax paying public.

No mention that APAC is given 2500 dollars everytime they hire a "working poor" Medicaid recipient and TWC makes the "stats" look like they are finding people JOBS.

The fact is if they hire someone for one day they still recieve the 2500. So let mr. mower pay Walter Bryan who runs the place (APAC) the $400K out of his 1 million dollar budget funded by the City Of Corpus Christi Taxpayers to make money off the working poor.

Why are we paying for him to steal money and CCREDC rent at the most expensive office property in town?

Corporate Welfare in the name of "Economic Development"

The only economy they are developing is their own!
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related links Posted by 462089 on September 21, 2007 at 1:49 p.m.

Ya know if they are going to give out any money.. They should look at giving it to the poor folks like me who work there, and have to come in to work early to set up a computer and find a different chair to sit in every single day and set up programs every single day and not get paid a dime for the whole time I am doing it.. For the time that I have to come in on my own time, early again to read about the changes they made to policy that noone told anyone about.. They give us a WHOPPING 3 minutes a day, to turn on the computer, start up the programs and change the log ins and update ourself, anything over the 3 minutes and we are subject to termination.

EL Defenzor.net: First and Foremost Homero Villarreal is My Friend.

2008-01-17T02:13:00.000-08:00

Like Big John Mc Carthy says, "Let's Get It On"

If one disputes any claim by all means welcome to the show and put it (your dispute or objection) in writing. We run from nobody.

"Welcome back my friends to the show that never ends
We're so glad you could attend, come inside, come inside
There behind a glass stands a real blade of grass
Be careful as you pass,.move along, move along

Come inside, the show's about to start
Guaranteed to blow your head apart
Rest assured you'll get your money's worth
The greatest show in Heaven, Hell or Earth
You've got to see the show, it's a dynamo
You've got to see the show, it's rock and roll, oh

South Texas Chisme: Nueces County Sheriff proves he is a Republican

2008-01-13T23:32:00.000-08:00

South Texas Chisme: Nueces County Sheriff proves he is a Republican

"People have a perception of who you are based on how you look," Kaelin said. "It is time to let the public know that there has been a change."

We at Los Kenedenos have received information (unconfirmed) that one of the new patrol vehicles has been totaled.

Why didnt anyone let the public know that one of these brand new cruisers has already been totaled.

If this is true (and it is believed to be true), why has the Good Sheriff not let us know of the bad news.

We need to hear the bad news immediately.

A literal reading of section 36.131(c) is that appellant may be prosecuted under either section 36.002 of the human resources code or section 31.03 of

2008-01-07T20:16:00.000-08:00

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NUMBER 13-05-00314-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

LEONARD CRENSHAW, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 105th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez, and Garza

Memorandum Opinion by Justice Hinojosa

A jury found appellant, Leonard Crenshaw, guilty of the offense of securing the execution of a document by deception (count 1); (1) the offense of theft (count 2); (2) and the offense of medicaid fraud (count 3). (3)

The trial court assessed appellant's punishment at fifteen years' imprisonment for count 1, fifteen years' imprisonment for count 2, and ten years' imprisonment for count 3. The court ordered all sentences to run concurrently. In two issues appellant contends the trial court erred in (1) denying his motion to dismiss count 1 on limitations grounds, and (2) denying his motion that the State elect between counts 2 and 3. We affirm counts 1 and 2, and vacate and render count 3. See Tex. R. App. P. 43.1(b).

A. Limitations

In his first issue, appellant contends the trial court erred in denying his motion to quash count 1 of the indictment because it was barred by limitations.

The sufficiency of an indictment is a question of law. State v. Moff, 154 S.W.3d 599, 601 (Tex. Crim. App. 2004). When the resolution of a question of law does not turn on the evaluation of the credibility and demeanor of a witness, the trial court is not in a better position to make the determination and the appellate court should conduct a de novo review of the issue. Id.; see Guzman v. State, 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). Because the trial court's decision in this case was based on appellant's motion to quash, the State's response, and the argument of counsel, we conduct a de novo review of the trial court's ruling. See Moff, 154 S.W.3d at 601; see also State v. Rosenblum, 910 S.W.2d 934, 948 (Tex. Crim. App. 1994) (dissenting op. adopted on reh'g) (sufficiency of indictment at pretrial motion to quash cannot be supported or defeated by evidence).

The limitation period for the offense of securing the execution of a document by deception is seven years from the date of the commission of the offense. Tex. Pen. Code Ann. § 12.01(3)(B) (Vernon Supp. 2006). A person commits the offense of securing the execution of a document by deception "if, with intent to defraud or harm any person, he, by deception . . . causes another to sign or execute any document affecting property or service or the pecuniary interest of any person." Tex. Pen. Code Ann. § 32.46(a) (Vernon Supp. 2006). A crime is complete for purposes of limitations only when all elements have been completed. Barnes v. State, 824 S.W.2d 560, 562 (Tex. Crim. App.1991), overruled on other grounds by Proctor v. State, 967 S.W.2d 840 (Tex. Crim. App.1998); see Ex parte Tamez, 4 S.W.3d 854 (Tex. App.-Houston [1st Dist.] 1999), aff'd Ex parte Tamez, 38 S.W.3d 159 (Tex. Crim. App. 2001). Before the offense of securing the execution of a document by deception can be committed and complete, a document must be signed or executed which would affect property or services or the pecuniary interest of any person. Mills v. State, 722 S.W.2d 411, 416 (Tex. Crim. App. 1986).

Appellant argues that the offense of securing the execution of a document by deception was complete on August 9, 1996, when he signed his application with the Texas Board of Examiners of Professional Counselors. However, all the elements of the offense were not complete until July 6, 1998, when the State of Texas issued and signed appellant's license to practice as a professional counselor. Appellant was indicted on January 27, 2005, for securing the execution of a document by deception. Because January 27, 2005, is within the seven-year limitations period, we conclude the trial court did not err in denying appellant's motion to quash count 1 of the indictment. Appellant's first issue is overruled.

B. Denial of Motion to Order State to Elect Between Counts

In his second issue, appellant contends the trial court erred in submitting both counts 2 and 3 to the jury. Specifically, appellant asserts that section 36.131(c) of the human resources code provides for the prosecution of either count 2 or count 3, but not both. See Tex. Hum. Res. Code Ann. § 36.131(c), repealed by Act of May 23, 2005, 79th Leg., R.S., ch. 807, § 19, Tex. Gen. Laws 2789. (4)

We agree.

Section 36.131(c) of the Texas Human Resources Code provides:

If conduct constituting an offense under this section also constitutes an offense under another provision of law, including a provision in the Penal Code, the actor may be prosecuted under either this section or the other provision.

Tex. Hum. Res. Code Ann. § 36.131(c). We look to the literal text of the statute for its meaning, and we ordinarily give effect to that plain meaning, unless application of the statute's plain language would lead to absurd consequences that the legislature could not possibly have intended, or if the plain language is ambiguous. Boykin v. State, 818 S.W.2d 782, 785 (Tex. Crim. App. 1991); Bunton v. State, 136 S.W.3d 355, 363 (Tex. App.-Austin 2004, pet. ref'd); see State v. Webb, 12 S.W.3d 808, 811 (Tex. Crim. App. 2000).

The conduct that is the subject of counts 2 and 3 is as follows. Appellant ran a business called Behavioral Concepts. Appellant's business was an after-school program, which provided at-risk children tutoring and homework help. Although appellant never provided any individual counseling for mental disease or deficiency, he billed the Medicaid program for such services, and was paid in excess of $100,000. Such conduct constitutes an offense under both the human resources code and the penal code. See Tex. Hum. Res. Code Ann. § 36.002(1)(A) (Vernon Supp. 2006); Tex. Pen. Code Ann. § 31.03 (Vernon Supp. 2006).

A literal reading of section 36.131(c) is that appellant may be prosecuted under either section 36.002 of the human resources code or section 31.03 of the penal code, but not both. If the legislature intended the possibility of prosecution under both provisions, it could have easily provided language allowing for prosecution under both as it has in other statutes. See, e.g., Tex. Pen. Code Ann. § 38.04(d) (Vernon 2003) (providing that "[a] person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other"). Thus, the State was not authorized to seek convictions for both offenses. The proper remedy is to reform the judgment by vacating the lesser conviction and sentence. See Ochoa v. State, 982 S.W.2d 904, 908 (Tex. Crim. App. 1998). Appellant's second issue is sustained.

C. Conclusion

Accordingly, we vacate the trial court's judgment of conviction and sentence for the offense of medicaid fraud (count 3) and render judgment that appellant be acquitted of that charge. We affirm the trial court's judgment of conviction and sentence for the offenses of securing the execution of a document by deception (count 1) and the offense of theft (count 2).

FEDERICO G. HINOJOSA

Justice

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this the 28th day of August, 2006.

1. See Tex. Pen. Code Ann. § 32.46 (Vernon Supp. 2006).

2. See Tex. Pen. Code Ann. § 31.03 (Vernon Supp. 2006).

3. See Tex. Hum. Res. Code Ann. § 36.002(1)(A) (Vernon Supp. 2006). Certain amendments to section 36.002 became effective after the date of this offense. However, the provisions under which the State charged appellant remained unchanged. Accordingly, we cite to the current version of the statute.

4. Section 36.131 of the Texas Human Resources Code was repealed effective September 1, 2005. See Act of May 23, 2005, 79th Leg., R.S., ch. 807, § 19, Tex. Gen. Laws 2789. However, "[c]onduct that occurs before the effective date of [the] Act is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose." Act of May 23, 2005, 79th Leg., R.S., ch. 807, § 20(a), Tex. Gen. Laws 2789.

Texas State Representative House District 33: Keep Your Promises Solly. Remember Miller? Why are CCISD Students still running at large during school d

2007-05-25T02:20:00.000-07:00

Texas State Representative House District 33: Keep Your Promises Solly. Remember Miller? Why are CCISD Students still running at large during school day hours?

Friday, May 25, 2007

Keep Your Promises Solly. Remember Miller? Why are CCISD Students still running at large during school day hours?

CCISD: Why are CCISD Students allowed to run at large during school day hours?

Education is for our Children, our Youth, our Future. Children and Youth need constant redirection and set boundaries at home and at school as well. When a minor is allowed to run at large during the school day hours whether it is in the halls, leaving or returning a closed campus or simply unaccounted for is irresponsible of the caretaker whose custody in which he / she is placed.
Kenedeno

An absent student is one who does not arrive at school in the morning and is absent for the WHOLE Day. The student was never on campus. The Parent is responsible for the student getting to school (requiring the student to attend school). If the student does not get to school it is the Parent’s responsibility not necessarily the Parent’s fault. There are circumstances where the student will walk in the front door and out the back door without attending a single class. This is where the attendance officers need to improve their due diligence like the old days.
Once the student is counted present in the morning; the Parent has required the student (child) to attend school. Once the student is verified in attendance at the beginning of the school day the student is in the custody of the School.
If the student is tardy or skips class (on campus or off campus) this happens on the watch of the school. The Parent if informed should cooperate and communicate with the School Counselors Administrators and the Attendance Officer to correct the behavior. The Security and Attendance officer should take notice and tighten the belt. This is a security issue as well; there is no excuse for students coming and going outside of the lunch period and it is imperative that attendance irregularities be dealt with within 24 hours. This is easily done with our modern technology.
Instead, what we are seeing is the Attendance Officers documenting the absences as they accumulate and filing on the Parent and student when the number of absences are achieved.

Solly, did you forget about the issues and the kids at Miller and CCISD as a whole?

South Texas Chisme: Chisme roundup

Posted on May 15, 2006 at 06:55:18 PM by Jaime Kenedeno ... sources at ccisd downtown have said that a miller hs asst. principal has become a whistleblower. ...
stxc.blogspot.com/2006/05/chisme-roundup.html - 48k - Cached - Similar pages - Note this

South Texas Chisme: Solomon Ortiz Jr. on the ballot for State Rep D33!

I am Jaime Kenedeno of South Texas. A simple Google search will inform you more of WHO I Am. ... The credentials of Noyola and the CCISD / Miller fiasco was ...
stxc.blogspot.com/2006/08/solomon-ortiz-jr-on-ballot-for-state.html - 31k - Cached - Similar pages - Note this

South Texas Chisme: Truth? you cant handle the truth!

That hadn't happened in years, that is why Miller was facing sanctions from the feds (before noyola's time). And Kenedeno is right, we can't support the ...
stxc.blogspot.com/2006/07/truth-you-cant-handle-truth.html - 35k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: New block walking program in Corpu$

Posted on May 29, 2006 at 01:28:04 AM by Jaime Kenedeno ... Roy Miller’s political skills, vision brought Corpus Christi into the modern era ...
stxc.blogspot.com/2006/05/new-block-walking-program-in-corpu.html - 42k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Lets see how you dance to this tune

All the Talk Radio stations will be talking about the Miller HS issue as well as ... From: Jaime Kenedeno [mailto:kingalonzoalvarezdepinedaxiii@gmail.com] ...
stxc.blogspot.com/2006/07/lets-see-how-you-dance-to-this-tune.html - 46k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Race for State Rep. District 33 gets HOT

It said that the whistleblowers name at Miller was former assistant ... Jamie Kenedeno, no I just thought it would be fun to do something like that poem. ...
stxc.blogspot.com/2006/07/race-for-state-rep-district-33-gets.html - 43k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Who's the REAL enemy?

... Sr. attempts to manipulate the vote and his performance at Miller HS last year. ... Jaime Kenedeno/Haley, Who Knows why he writes anything that he does. ...
stxc.blogspot.com/2006/09/whos-real-enemy.html - 53k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: PULP FICTION & The Award Winning Caller-Times

... an article on July 23rd entitled PAPER WON’T REPORT RUMORS AT MILLER HIGH, ... Thanks for watching my back, Kenedeno. At 4:19 AM, Jaime KenedeÃ±o said. ...
stxc.blogspot.com/2006/07/pulp-fiction-award-winning-caller.html - 22k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Dangerous chisme?

When we write something us here at Kenedeno & Associates believe it to be true. ... in example will be the one that Danny Noyola was removed from Miller. ...
stxc.blogspot.com/2006/06/dangerous-chisme.html - 27k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: HD 33 shuffle

Danny Noyola, Sr., recently reassigned from Miller HS principal to Moody assistant principal, ... Posted on July 3, 2006 at 09:51:17 PM by Jaime Kenedeno ...
stxc.blogspot.com/2006/07/hd-33-shuffle.html - 37k - Supplemental Result - Cached - Similar pages - Note this

South Texas Chisme: Once again the Caller times tells only half truth

-Jane Wall – Current teacher and former Miller HS journalism instructor “As a Precinct chair, ... Political Pulse: Kenedeno’s Political Pulse ...
stxc.blogspot.com/2006/08/once-again-caller-times-tells-only.html - 32k - Supplemental Result - Cached - Similar pages - Note this

"IN THE KNOW": Carlos Truan | Hugo Berlanga & The Primrose Path & Rangel Law School @ Texas A&I University.

2007-05-07T03:56:00.000-07:00

"IN THE KNOW": Carlos Truan | Hugo Berlanga & The Primrose Path & Rangel Law School @ Texas A&I University.

Subject: ["IN THE KNOW"] Carlos Truan | Hugo Berlanga & The Primrose Path & Rangel Law...
To: kenedenonews@gmail.com

[ http://storkclub-winchell.blogspot.com/2007/05/irma-rangel-legacy-relating-to.html]
http://www.ibcmemorial.org/irma.html

Monday, May 7, 2007
Carlos Truan | Hugo Berlanga | Henry Cuellar | Edwards, Al | Todd Hunter | Luci0 : The Primrose Path & Rangel Law School @ Texas A&I University.

Or posture for another agenda?

Who at that time wanted a Pharmacy College?

Celanese, King Ranch, URI?

Now we have this unorthodox legislation for an Engineering School @ TAMUCC?

This is a Developing Medical Community with the ability to become the finest in the world. Medical Nanotechnology is already here, $ are already here.

The Political Faction at TAMUCC will find their equilibrium eventually. An engineering school @ CCSU / TAMUCC is obtuse to the medical assets we have accumulated and the Philanthropy already well rooted in South Texas.

Irma Rangel Legislation was for the establishment of a law school at Texas A & I

The Age of Winchell: Irma Rangel Legacy : Relating to the establishment of a law school at Texas A&I University.

Hugo Berlanga | Henry Cuellar | Edwards, Al | Todd Hunter | Eddie Lucio

Bill:

SB 646

Legislative Session: 71(R)

Council Document: 71R 1835 MHT-D

Add to Bill List

Last Action:	02/28/1989 S Reported favorably w/o amendments

Caption Version:	Introduced
Caption Text:	Relating to the establishment of a law school at Texas A&I University.

Author:	Truan

Subjects:	Education--Higher-- General (I0231) TEXAS A&I UNIVERSITY (U2467)

Companion:	HB 1630 by Rangel, Identical

Senate Committee:	Education
Status:	Out of committee
Vote:	Ayes=9 Nays=1 Present Not Voting=0 Absent=1

--
Posted By The Advocate to Google Yourself Corpus Christi at 5/07/2007 02:46:00 AM

"IN THE KNOW": Remember The Crime Stoppers "Vandalism" of the Corpus Christi Country Club Golf Coursehigh powered members who control our nation’s eco

2007-04-20T06:26:00.000-07:00

"IN THE KNOW": Remember The Crime Stoppers "Vandalism" of the Corpus Christi Country Club Golf Course? Were there not high powered CCCC members who control our nation’s economy & industry. This work of fiction written by Hal Bray set here in Corpus Christi; I just thought you guys might like it. BTW, cant find that particular Crime Stoppers announcement. They tore up the CCCC Golf Course. Who is they?

Texas State Representative House District 33: The CC Examiner did not treat both candidates equally and did not ask both to verify their endorsements?

2006-08-14T23:28:00.000-07:00

Texas State Representative House District 33: The CC Examiner did not treat both candidates equally and did not ask both to verify their endorsements?

Political Pulse: Political Pulse: Not a Democraddick Party

2006-08-10T03:48:00.000-07:00

Political Pulse: Political Pulse: Not a Democraddick Party

Political Pulse: Kenedeno’s Political Pulse

2006-07-31T01:35:00.000-07:00

Political Pulse: Kenedeno’s Political Pulse

Nueces De La Parra: Founder's daughter says financial records will be sent to national office

2006-07-30T05:33:00.000-07:00

Nueces De La Parra: JK: Juan Garcia could donate "JUAN HALF" of his "war chest" to the Foundation (on which he sits as Board member) while personally managing the expenditures / projects / financials in a transparent operation. This act of good faith would single handedly restore the Doctor's name, restore the Landmark Building, produce a reaction of engagement in South Texas, and bring enormous masses of HD #32 Democrats to vote for him. He would blow a Sea Man completely out of the water. Pardon the pun?

Nueces De La Parra: In a final decision Ram Chavez has been expelled from the GI Forum

2006-07-28T21:15:00.000-07:00

Nueces De La Parra: In a final decision Ram Chavez has been expelled from the GI Forum

Tuesday Morning on El Defenzor Live July 25, 2006

2006-07-26T01:12:00.000-07:00

In continuation from a “meltdown” with newly elected Nueces Republican Party Chairman Mike Bertuzzi; the show began with a recap and a reading of the letter written by Raul Gonzalez, President of the Republican National Hispanic Assembly (RNHA) Nueces County Chapter. The issue boiled down to an inference made by the Nueces County RNHA President. In the letter he asked for the full (financial) support and endorsement (like with Pate & Arnold) from the Republican Party for a Hispanic candidate in HD #33. Republican Defender Bob Jones was quick to point out that the Republican Party did not financially support Pate or Arnold. Callers kept getting moved back as Republican friends of Bertuzzi and Jones were allowed to cut through straight to the airways with little or no wait. Homer presented the issue very clearly yet, at every turn; there was somebody trying to disrupt the sequence of events or twist the letter. It was a very intelligent exchange. Basically, the letter was reaching out to the Republican party of Nueces County. A Republican in South Texas will never be elected without crossover Democrats. There are a whole bunch of disenchanted Democrats this election season. It is foolish, defeatist and just plain ignorant to not embrace those who wander in the Wild Horse Desert. Then at about 8:50 A M the airwaves went dead and the phones dead as well.

I was one of the callers being moved back for more preferential Republican Callers.

Susie Luna waited for quite a while as well, but when she finally got to “weigh in” she expressed her responsibility as a precinct chair. It is not how she wants to vote but how her precinct would want her to vote. She commented on the elect ability of a candidate and that all Precinct Chairs of HD # 33 should be engaging their precinct voters and seeking their choice; not catering to interest of any candidate or monetary influence.

Here is what I had to say to Mr. Bertuzzi and the Republicans.

I challenge MR BERTUZZI to engage the FULL; ALL OUT SUPPORT OF Mr. Guy Williams who is running for the 148th District. Also, I challenge Mr. Bertuzzi to direct the full support of Mr. Willie Vaden for the 27th Congressional District. Right now the Republican Party, for some reason; refuses to get behind these Republican Candidates. Hey Bertuzzi, put your money where your mouth is and support your candidates FULLY!

You wanted to advertise and brag of accomplishments supporting Tom Greenwell and Rose Vela?

Why doesn’t the Republican Party back Guy Williams and Willie Vaden like they back up Tom and Rose?

And remember, when the Democratic Party does this to their candidates we challenge Alex Garcia and Mikal Watts to do the same thing. And they do. Just look at Juan Garcia’s war chest now. Remember Rudy from EVW? Go back and refresh yourselves on the Archer & Nathan discussion and see how the war chest of Juan Garcia then magically appeared?

Come on Bertuzzi?

Show some class.

Oh yeah, and some money for your unclaimed Republicans or the ones you figured in as trade offs with the Dems .

Who for whom?

As it has been pre-arranged?

No?

Political Pulse: LULAC Reps Gambi Gamboa & Joe Ortiz bring home National support for Local LULAC humanitarian issues

2006-07-02T05:24:00.000-07:00

Political Pulse: LULAC Reps Gambi Gamboa & Joe Ortiz bring home National support for Local LULAC humanitarian issues

LULAC Reps Gambi Gamboa & Joe Ortiz bring home National support for Local LULAC humanitarian issues

2006-07-02T05:21:00.000-07:00

Local LULAC issues favored

Support for soldiers, Ramsey Muniz passes

By Anthony Martinez Beven Caller-Times
July 2, 2006

Locally supported resolutions

What passed

An initiative calling for the humanitarian release of former area lawyer Ramsey Muniz.

A call for community support, particularly among area employers, for soldiers returning from the war in Iraq.

What was tabled

A resolution asking for a boycott of Telemundo after former television host Johnny Canales claimed the network canceled his program because of his Mexican origin. Area advocates say talks between LULAC and Telemundo are currently under way; however, if talks fail, advocates expect a resolution in favor of Canales to be passed.

Both local LULAC chapters reveled in support shown Saturday by the national organization for two resolutions tied to Corpus Christi.

Delegates at the national League of United Latin American Citizens convention passed without dissent a resolution calling for the release of Ramsey Muniz, a former area lawyer and candidate for governor in the early 1970s.

Muniz, 64, is serving a life sentence in federal prison after three drug-related felony convictions during a 17-year period. Arguing his health is failing and adequate health care services are lacking, LULAC approved a call for his release during the national convention in Milwaukee. The convention ended Saturday.

LULAC Council 1, based in Corpus Christi, had been leading the initiative, and chapters across Texas have passed a similar statewide resolution.

"For the state of Texas, I was very happy. For the national level, I was very surprised because 1,000 members voted unanimously for the humanitarian release of Ramsey," said Gambi Gamboa, Council 1 civil rights chairman.

The organization wants to see, for humanitarian reasons, that he gets let out and spends the last few years with his family, Gamboa said from Milwaukee. He said the national council is requesting the U.S. Justice Department intervene and help facilitate the release of Muniz.

Another resolution passed that seeks community support, particularly among employers, for soldiers coming back from the war in Iraq.

Nancy Vera, president of LULAC Council 4444, said national support for the resolution highlights that though LULAC is a Hispanic civil rights organization, it stands behind the United States.

"We hold true our traditions and our heritage, there's no question of our loyalty to the United States," Vera said. "This is our home. This where we were born, many of us."

Vera said Council 4444 is working closely with the local chapter of Blue Star Mothers, a national group of moms whose sons and daughters are soldiers in Iraq and other places who offer support to families whose children have been killed in the war.

A third resolution regarding the boycott of Telemundo television network and its advertisers after TV personality Johnny Canales claims he was discriminated against for his Mexican origin was tabled, said Gonzalo Tamez, Council 4444 vice president and a convention delegate.

Joe Ortiz, district director for area LULAC chapters, recently said discrimination prompted Canales' music show to be canceled earlier this year.

"Because it's under negotiation they think they are going to be able to come to some kind of agreement," said Tamez, who attended the convention on behalf of Council 4444. However, if negotiations fail, LULAC may consider a national resolution in favor of Canales, he said.

Contact Anthony Martinez Beven at 886-3792 or bevena@ caller.com

Nueces County Aristocrat Society: This Nueces County Jail issue is a counter balance in the ongoing tactical maneuvers

2006-06-24T17:58:00.000-07:00

Nueces County Aristocrat Society: This Nueces County Jail issue is a counter balance in the ongoing tactical maneuvers

South Texas Chisme: Dangerous chisme?

2006-06-23T22:29:00.001-07:00

South Texas Chisme:
We got it, they want it and everybody knows it.

South Texas Chisme: Dangerous chisme?

2006-06-23T22:29:00.000-07:00

South Texas Chisme:
We got it, they want it and everybody knows it.

Political Pulse: Subject: Press Release : City Council Elections

2006-06-23T21:42:00.000-07:00

Political Pulse: Subject: Press Release : City Council Elections

Political Pulse: South Texas Chisme: Who are we?

2006-06-06T02:12:00.000-07:00

Political Pulse: South Texas Chisme: Who are we?

Political Pulse: Juan Garcia and supporters are GOOD PEOPLE!

2006-06-06T01:57:00.000-07:00

Political Pulse: Juan Garcia and supporters are GOOD PEOPLE!

Juan more voice.....
Posted on May 29, 2006 at 01:28:04 AM by Jaime Kenedeno

raised infinitely to the power of South Texas for the ascension of Juan Garcia III to the Office of District 32 State Representative.

We can put this man into office.

We can defeat the insurance big money.

Well South Texas, it is now up to us.

When I woke up this morning, I did not even know WATT Juan Garcia III looked like much less who his supporters were.

Good People!

That is all I will say for now, GOOD PEOPLE!

Hey South Texas Democrats get over the bickering and the envy.

We got an election to win!

Join the Army of Juan.

Who are you Juan Garcia III?

Let's make South Texas Rumble.

More on this race (against the INSURANCE industry) coming to your community soon!

"IN THE KNOW": Does John Kelly Wanna be "IN THE KNOW"? "We Know, We're From Here"

2006-06-04T05:10:00.000-07:00

"IN THE KNOW": Does John Kelly Wanna be "IN THE KNOW"? "We Know, We're From Here"

2006-06-01T03:25:00.000-07:00

2006-05-21T21:01:00.000-07:00

Jaime Kenedeño said...
Ok, guys a little satyre from Chicano Hot Wired News Network from the Blue:

the caucasian evolution
Posted on May 16, 2006 at 01:08:34 PM by CCHWNN

Cchwnn: exclusive report con maria la vandia : “the caucasian evolution”.
0512006.

The people, events and circumstances that are covered by Chicano Cable Hot Wired News Network are make believe. And for any reason your name, or event, or circumstance resembles something that really happened is just a coincidental. This Web-site is an entertainment site. This is not real news or real events. It is mostly make beleive and people perceive this as real news. View this site in jest. If you think this is actually real news or believe to be either racist or promoting racisism... then you're an idiot more than i am.

Hello my friends I am maria la vandia con an esta exclusive report on a brand new orgainzation that has teamed up con our own barrio group “let me put the finger on you committee”. This new group is called “the caucasian evolution’, headed by a former city redneck comissioner Russell rusty Ruffneck, who by the way is married to la prima Maria gomez ruiz.

Based on mr Ruffneck’s comments, this organization is calling for all caucasians to stand together on this bothered days. Mr ruffnecks : hello my brothers and sisters, at one time we were all caucasians. I remember when there was only two kind of people and that was black or caucasian. We want to assure all the members in this here hood, that I an my Maria are very proud of. We have lived here for as long as I can remember. So we are calling all you caucasians with the same feeling of what is going on, that we must take a stand.

This immgration issue has divided many families and friends. But what better is that now we know who are friends are. First of all let me thank a barriooo group that has joined our new evolution an that’s “ let me put the finger on you committee”. Its people like this that will help us keep those illegals out off our hood and keep them mexicans away from those low paying jobs, that we need. But today we are calling for all barrio members, that want to stand up for our american way and that’s the only way, to have our own protest.

Yes, we “ the caucasian evolution” will be having a our day of protest. Our protest will keep on those barrio business that hire and cader to them boys. We are calling a boycott to all the mexicans resturations and stores and shops that had illegals working. We are also asking all the unemployed causcasians to stand and help do those ugly, dirty, sticky, low wage jobs, for one day. For those farmers and ranchers come by our office on our great day and we will have caucasians that are willing to do them job them boys do in the fields, hot shops, and them odd jobs. So join us barriooo members on this great day.

Well there yu have it folks I am maria la vandia and “the caucasian revolution” is schedule for this coming fourth of july. A march and many things are being planned here in the hood along con “let me put the finger on you committee”.

We will continune to cover this story and its impack in our hood. Cchwnn stand that we do not support this group nor believe in what the heck they are trying to prove. I am maria la vandia from our command post here in kingsville tex.

dannoynted1 responded to Danny:

Re(1): the caucasian evolution
Posted on May 19, 2006 at 03:55:31 AM by dannoynted1

well them folks i heard are introuble with their rich tlr familias that they are earning their keep pos as an "agitator" for the "corporate familia"

An inspired Elwood Blues of the CCCT Meassage Boards wrote his own version and it really does make one think about it from another vantage point:

Re(1): the caucasian evolution
Posted on May 21, 2006 at 02:14:42 PM by Elwood Blues

The people,events and circumstances that are covered by the following post are make believe.Any resemblance to actual persons,events,or circumstances is purely coincidental.This post is a tongue and cheek fictionalization.This post is not based on real people or events.It is intended solely for the purposes of satire.Read this post in jest.If you think this is an actually recounting of events,or believe it to be either racist or promoting racism..then you're a bigger idiot than I am.

Juan began the day in the usual fashion..he awoke at 5:30 a.m..and dressed himself while Josefina set about making a hearty breakfast of chorizo con huevos con homemade flour tortillas,and prepared Juan's lunch for work.The children,Lupe,Lupita,Carlos,Carlito,Meme,Chema,Beto,Rosita,Cruz,Flor,and Juanito would be waking soon,so there was much to do.Seating at the meal table was first come,first served,and most of the children would grouse about eating second shift.

Jose made his way through the steady steam of hungry mouths making their way towards the breakfast table,his plastic Kmart bag containing his lunch in hand,and headed to the door..and with a final admonishment to the children to make sure to feed the chickens and the goats,he was off to work.

What started out as a routine day,though slowly began to turn ominous.First..the little tiendita Juan always stopped at for his morning Budweiser was out of his favorite scratch off lottery tickets.As Juan left the store and sat in his pickup with the "RAMON" decal proudly displayed in the back window,he remembered thinking to himself.."pinche gringos..they're trying to keep me down! They saw that I won $5 on the "Aces Wild" scratch off,so they kept the rest of them for themselves..bastardos!..who do they think they are?"

Things really took a turn for the worse,though..when Juan finally got to the jobsite.He looked around and slowly realized he didn't know half the vatos there..even though he'd been on this site for almost six months.Being concerned..he went looking for the jefe,Pablo,a short,extremely overweight man the vatos called " Pablo panson".

" Oye,Pablo Panson..who are all these nuevo vatos aqui?" Juan asked. "Mira,Juan..they're the vatos we hired last Monday when you vatos didn't show up for work".

"Nombre nombre,panson..it was un dia sin Mexicanos last Monday..remember? It was the day we were all supposed to stay home to show the gringo how much they need us..the day we were supposed to march in the streets!"..Juan said..a hint of panic in his voice.

Si,Juan..yo comprende,pero while you vatos were at home making barbacoa and playing conjunto music,these vatos sneaked here from Mejico,and took your jobs,ese..sorry".Pero..I know you make $6.00 an hour,but these vatos will work for $4.00 an hour doing the same thing you vatos did,and they don't complain like you vatos did,and when one gets caught by la migra..pero ten more are ready to take his place" Pablo Panson said matter-of-factly."Sorry,Juan..but you've been replaced by a young vato from Piedras Negras who works twice as hard for half the dinero".

"But..but..I supported the march,Pablo! I took the day off and sat at the casa like they told me to! It was for my rights,jefe!..they said it was for my rights! They didn't tell me that estos mojados would take my job if I stayed home!" Juan exclaimed..clearly upset over the sudden realization tht he'd been fired.

Pablo Panson shook his head sadly.."I know,vato..I know.There were muchos things the vatos who put these marches together didn't tell you".Those vatos don't have to worry about mojados coming in and taking their jobs,so they didn't care.All they wanted was chingos de gente in the streets.Vatos like you,though,got fooled into helping them,and now,you don't have job. Sorry,Juan..pero you'll find otro job,though..but you're gonna have to work for the same or less than vatos like these do."

Dejectedly,Juan walked slowly back to his truck and headed home." Pinches mojados" Juan muttered under his breath..."who do they think they are?"

Which got ME to thinkin bout the YANQUI Elite in our city:

I like it but......
Posted on May 21, 2006 at 05:21:18 PM by Jaime Kenedeno

can you keep it Rowling?

You know "these Mexicans, we buy em TWO for a Nickel."

Also, I cant see this affecting the professional labor pool. I know this is the case in some of the skilled labor & crafts.

Pretty IRL to ME.

As the disclaimer disclims, so be it.

My non fiction is always fiction "to protect the innocent".

dun da dun dun

dun da dunt dunt dunh

AND THEN BAM it hit ME!

Also EB, That is the American Way of Entrepreneurship 'cept....
Posted on May 21, 2006 at 10:33:34 PM by Jaime Kenedeno

the names could have very well been Fulton, Rowling, Bodine, Scott, Braselton, Pruett, Jerry Garcia (Hacienda), Omni, Armstrong, Hubert, Rabalais, Turner, Brown, Haas, Anderson, Durrill, Berry, Bay "and the like".

At least as the Jefe's names it could be true.

Hey big boys dont go and start oppressing the crime you have been committing cause it has been the norm to hire from third labor pool forever. Instead go out and proactively document your undocumented. Create a system to bring in replacement low level raw labor as the guest workers migrate or become full fledged USA citizens with Patriotism "and the like". Each worker should be qualified to be rewarded for his productiveness from bottom of the raw labor to leader of the raw labor to corporate executive should he earn it.

South Texas Chisme: Red-meat and cheap labor

2006-05-21T20:43:00.000-07:00

South Texas Chisme: Red-meat and cheap labor

That is how it works.....
Posted on May 21, 2006 at 11:40:54 PM by Jaime Kenedeno

To: DEEPLY IN THE KNOW

you give the hounds a scent

they become the first probe

incrementally raising the eyebrows of the one's deeply "in the know"

Now I ask South Texas but first we must become savy of the price gouging and pollution of our Area Media and Newspaper Publications (both for profit and non profit).

Not only that, the candidate should pay directly and not through Montgomery & Associates or High Fi Electronics who negotiate with the Political Ad Division of each respective Network Affiliate.

The Yanqui Elite Employers of South Texas and the Body of Christ

2006-05-21T19:45:00.000-07:00

Ok, guys a little satyre from Chicano Hot Wired News Network from the Blue:

the caucasian evolution
Posted on May 16, 2006 at 01:08:34 PM by CCHWNN

Cchwnn: exclusive report con maria la vandia : “the caucasian evolution”.
0512006.

The people, events and circumstances that are covered by Chicano Cable Hot Wired News Network are make believe. And for any reason your name, or event, or circumstance resembles something that really happened is just a coincidental. This Web-site is an entertainment site. This is not real news or real events. It is mostly make beleive and people perceive this as real news. View this site in jest. If you think this is actually real news or believe to be either racist or promoting racisism... then you're an idiot more than i am.

Hello my friends I am maria la vandia con an esta exclusive report on a brand new orgainzation that has teamed up con our own barrio group “let me put the finger on you committee”. This new group is called “the caucasian evolution’, headed by a former city redneck comissioner Russell rusty Ruffneck, who by the way is married to la prima Maria gomez ruiz.

Based on mr Ruffneck’s comments, this organization is calling for all caucasians to stand together on this bothered days. Mr ruffnecks : hello my brothers and sisters, at one time we were all caucasians. I remember when there was only two kind of people and that was black or caucasian. We want to assure all the members in this here hood, that I an my Maria are very proud of. We have lived here for as long as I can remember. So we are calling all you caucasians with the same feeling of what is going on, that we must take a stand.

This immgration issue has divided many families and friends. But what better is that now we know who are friends are. First of all let me thank a barriooo group that has joined our new evolution an that’s “ let me put the finger on you committee”. Its people like this that will help us keep those illegals out off our hood and keep them mexicans away from those low paying jobs, that we need. But today we are calling for all barrio members, that want to stand up for our american way and that’s the only way, to have our own protest.

Yes, we “ the caucasian evolution” will be having a our day of protest. Our protest will keep on those barrio business that hire and cader to them boys. We are calling a boycott to all the mexicans resturations and stores and shops that had illegals working. We are also asking all the unemployed causcasians to stand and help do those ugly, dirty, sticky, low wage jobs, for one day. For those farmers and ranchers come by our office on our great day and we will have caucasians that are willing to do them job them boys do in the fields, hot shops, and them odd jobs. So join us barriooo members on this great day.

Well there yu have it folks I am maria la vandia and “the caucasian revolution” is schedule for this coming fourth of july. A march and many things are being planned here in the hood along con “let me put the finger on you committee”.

We will continune to cover this story and its impack in our hood. Cchwnn stand that we do not support this group nor believe in what the heck they are trying to prove. I am maria la vandia from our command post here in kingsville tex.

dannoynted1 responded to Danny:

Re(1): the caucasian evolution
Posted on May 19, 2006 at 03:55:31 AM by dannoynted1

well them folks i heard are introuble with their rich tlr familias that they are earning their keep pos as an "agitator" for the "corporate familia"

An inspired Elwood Blues of the CCCT Meassage Boards wrote his own version and it really does make one think about it from another vantage point:

Re(1): the caucasian evolution
Posted on May 21, 2006 at 02:14:42 PM by Elwood Blues

The people,events and circumstances that are covered by the following post are make believe.Any resemblance to actual persons,events,or circumstances is purely coincidental.This post is a tongue and cheek fictionalization.This post is not based on real people or events.It is intended solely for the purposes of satire.Read this post in jest.If you think this is an actually recounting of events,or believe it to be either racist or promoting racism..then you're a bigger idiot than I am.

Juan began the day in the usual fashion..he awoke at 5:30 a.m..and dressed himself while Josefina set about making a hearty breakfast of chorizo con huevos con homemade flour tortillas,and prepared Juan's lunch for work.The children,Lupe,Lupita,Carlos,Carlito,Meme,Chema,Beto,Rosita,Cruz,Flor,and Juanito would be waking soon,so there was much to do.Seating at the meal table was first come,first served,and most of the children would grouse about eating second shift.

Jose made his way through the steady steam of hungry mouths making their way towards the breakfast table,his plastic Kmart bag containing his lunch in hand,and headed to the door..and with a final admonishment to the children to make sure to feed the chickens and the goats,he was off to work.

What started out as a routine day,though slowly began to turn ominous.First..the little tiendita Juan always stopped at for his morning Budweiser was out of his favorite scratch off lottery tickets.As Juan left the store and sat in his pickup with the "RAMON" decal proudly displayed in the back window,he remembered thinking to himself.."pinche gringos..they're trying to keep me down! They saw that I won $5 on the "Aces Wild" scratch off,so they kept the rest of them for themselves..bastardos!..who do they think they are?"

Things really took a turn for the worse,though..when Juan finally got to the jobsite.He looked around and slowly realized he didn't know half the vatos there..even though he'd been on this site for almost six months.Being concerned..he went looking for the jefe,Pablo,a short,extremely overweight man the vatos called " Pablo panson".

" Oye,Pablo Panson..who are all these nuevo vatos aqui?" Juan asked. "Mira,Juan..they're the vatos we hired last Monday when you vatos didn't show up for work".

"Nombre nombre,panson..it was un dia sin Mexicanos last Monday..remember? It was the day we were all supposed to stay home to show the gringo how much they need us..the day we were supposed to march in the streets!"..Juan said..a hint of panic in his voice.

Si,Juan..yo comprende,pero while you vatos were at home making barbacoa and playing conjunto music,these vatos sneaked here from Mejico,and took your jobs,ese..sorry".Pero..I know you make $6.00 an hour,but these vatos will work for $4.00 an hour doing the same thing you vatos did,and they don't complain like you vatos did,and when one gets caught by la migra..pero ten more are ready to take his place" Pablo Panson said matter-of-factly."Sorry,Juan..but you've been replaced by a young vato from Piedras Negras who works twice as hard for half the dinero".

"But..but..I supported the march,Pablo! I took the day off and sat at the casa like they told me to! It was for my rights,jefe!..they said it was for my rights! They didn't tell me that estos mojados would take my job if I stayed home!" Juan exclaimed..clearly upset over the sudden realization tht he'd been fired.

Pablo Panson shook his head sadly.."I know,vato..I know.There were muchos things the vatos who put these marches together didn't tell you".Those vatos don't have to worry about mojados coming in and taking their jobs,so they didn't care.All they wanted was chingos de gente in the streets.Vatos like you,though,got fooled into helping them,and now,you don't have job. Sorry,Juan..pero you'll find otro job,though..but you're gonna have to work for the same or less than vatos like these do."

Dejectedly,Juan walked slowly back to his truck and headed home." Pinches mojados" Juan muttered under his breath..."who do they think they are?"

Which got ME to thinkin bout the YANQUI Elite in our city:

I like it but......
Posted on May 21, 2006 at 05:21:18 PM by Jaime Kenedeno

can you keep it Rowling?

You know "these Mexicans, we buy em TWO for a Nickel."

Also, I cant see this affecting the professional labor pool. I know this is the case in some of the skilled labor & crafts.

Pretty IRL to ME.

As the disclaimer disclims, so be it.

My non fiction is always fiction "to protect the innocent".

dun da dun dun

dun da dunt dunt dunh

AND THEN BAM it hit ME!

Also EB, That is the American Way of Entrepreneurship 'cept....
Posted on May 21, 2006 at 10:33:34 PM by Jaime Kenedeno

the names could have very well been Fulton, Rowling, Bodine, Scott, Braselton, Pruett, Jerry Garcia (Hacienda), Omni, Armstrong, Hubert, Rabalais, Turner, Brown, Haas, Anderson, Durrill, Berry, Bay "and the like".

At least as the Jefe's names it could be true.

We're From Here!

2006-05-18T20:51:00.000-07:00

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