JUDGE STEVENS GIVES THIEF MAX JAIL TIME - 97 CRIMINAL OFFENSES, BEGS FOR PROBATION

I'm going to give you I'm going to give you a chance during the Christmas season to go out and steal more stuff. I don't think so, ma'am. My god. Ma'am, you didn't think of all of that when you made a choice to steal. I hate being the Grinch here, but this is all about law or an order. And this is 97th time. 97th time. My gosh. She's like, I I I I don't mean to I hate being the Grinch here, but [Music] Okay, we have a a sentence potential cap of 15 months in the state jail. Let's talk about a few things. I want you to address uh both parties if you'd be so kind. So, she's looking at uh no less than 180 days up to 15 months. She could be placed on deferred or unadjudicated probation. Plus, she could be sentenced to 15 months in the state jail and that could be suspended and you could she could be placed on regular probation for up to five years. I think those are the options you want. That's my understanding. Okay, go ahead. Defense. Um I know that uh her the criminal history portion of this report has a lot of events and um but it does boil down to a lot of dispositions. I'm sorry. A lot of dispositions. Yes. Just not it wasn't an event. It was it was a disposition. But I mean it's very disturbing but what's between the lines between the brackets are disturbing too. I understand. I mean 50 traffic offense citations. 25 bad check issuances which have or first cousins to thefts. They're in the family of theft. uh seven failures to appear. Two, open out container alcohol in vehicle citations. One possession of drug paraphernellia, one violation of school compulsory law citation. Uh, I think if we added all of this up, let's say 75, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, uh, 94, 95, 96. Criminal disposition. 96 counting misdemeanors. Uh what I'm considering is class C misdemeanors in the four lines of multiple infractions between the two boxes of adult and criminal history. And then the family uh felony court history. 96 criminal acts. It's hard for you to say that you're innocent. Yeah, that was when I was young. I was too I'm sorry. How you're here today? I say when I was younger by What did you learn by those mistakes? You're here today. You're an adult and you're still making bad mistakes. Okay. Go ahead. And and that's what she told me that a lot of that was when she was young and over 20 years ago. And although that doesn't mean it doesn't count, just wanted the court to know that it seems to me, if I'm looking at this correctly, it the theft related events that happened this this particular case, it happened in 2022 and apparently the first time that she had resorted back to that type of behavior in about 11 or 12 years, something like that. It had been a good while. Not that that excuses it, but it does show that she did have a break in in any kind of in in that kind of behavior and the theft. And I'm not sure why she chose to do this theft at this time, but um we don't even you don't have a a compilation of the dates of the class C misdemeanors, do you? No. Ain't nobody got time for that. I mean, that's what did we have? 80 some odd uh And uh I can't imagine that she committed all those in one year or two years or three years or four years or five years, you know. So, and how old of a lady are you right now? I hate to ask. 71. Okay. 51. So, you're 51. That's not all. And most of the events were when you were in your 18, 19, 20s. Yeah. and she does have a lot of of so in even in spite of that type of history which I recognize would be the type of history that the court would want to um go ahead and send her to state jail. Um we are also asking to take into consideration the physical conditions that she has now. She was evidently in a bad wreckage 2015 which caused her rib to lacerate her liver. She had surgery that they removed part of her liver which has caused all the problems she's having now and I think she's having another surgery she believes in early 2024 and as she's also in a heart failure uh condition. The probation officer mentions that she's getting a life vest but she can't get it because she can't afford it and and she takes a a long list of medications. We would ask the court to in even in spite of the prior history to grant her probation even if it was with a conviction to grant her probation. Um I don't think that I don't know much about what medical facilities uh and things that state jail has to offer but she certainly is needing a lot and um if she would the court would give her the opportunity just to be able to um be on probation, address her medical conditions, not violated the law, follow the rules of the court, hopefully surprise the court that this would be a change uh that um would please the court that the the possibility that probation might be able to help her find funding for a life vest, anything that she could gain from participating in probation um physically with her illness and also in learning to uh do the things she's supposed to do, which I'm not even sure um what her limitations are except that she does seem to have a lot of medical issues. We'd ask the court to let her stay on to put her on probation. Let her show the court that she can do probation. Are you telling you you can do probation? Yeah. And um if she doesn't do probation, well, then she would still be able to be sent straight to state jail. But at this club, we would asked to let her have a chance to be out, deal with her medical conditions, and follow the law. Go ahead. She'd been given three chances at probation. She's failed each time. There's no reason for us to believe that she could successfully complete probation today. That's number one. Number two, her med her medical situation has been existing since 2015. It certainly didn't stop her from committing this criminal offense. So, I don't think that that should be a reason why we allow her to receive probation. Number three, there is no restitution that is owed here. The amount that the state asked bumped it up was solely uh just an incremental bump if anything from when she got her last probation revoked in 2008 and went off and did 12 months. think we were fair in suggesting 15 months as a cap and that's what I'm asking the court to assess. What would you like to say? Defend it. Well, in 2000 in 2015, I did have the rate and I hadn't been in no trouble since I was on I never was on no probation three times. I was on misdemeanor probation one time and failing probation for kids. And I I I don't have like a bunch of theft cases. This is like my first or second. And they they enhanced it with the theft by check. And I was young. I was like 18. I just had my baby. And I used to I wrote a wrote a couple checks to get stuff for him. But I'm just saying about me without how I am right now, my sickness. I just wanted to see if I could be on probation so I could get the life business continue with my medicine and and everything. When did you get sick? Um this year uh well in like in 16 I had to have surgery on my liver because it was bleeding and so and now I went in the hospital. I'm sorry 2016. Yeah. And um recently I had blood clots and I had to um I had to have surgery to get those blood clocks removed. And then when I went to the hospital I couldn't breathe and I passed out and they they came pick me up for the ambulance and they told me that my heart only be 15%. And that I needed a life test. I have to wear like every day only time I take it off when I use the bed go to take a shower. And I just want to see if I can get probation. I could do the probation. I'm not I'm not like I was younger just doing what I want. I you know I'm got stuff together now with that debt that I did. I know that was wrong. I had to get a shirt for my grandson and I shouldn't have done that. I should have just paid for it but I was wrong for it. hereation. I prove to you that I can do probation. What was it you stole? I'm sorry. A shirt. A shirt. A polo shirt. This a total of $390 was stolen, was taken out of your purse. I don't know if I've been shopping my whole life as a male and polo shirts don't cost that much. No, that's what I'm saying. I don't I don't know how that how they Oh, so they're wrong. You're not wrong. I mean, I had I had the shirt and like some shoes detained and in the precinence report that's part of the record that was entered without objection. The total amount stolen $38,948. Here's my interest here. Here's what's interesting is is in the present report. I'd like you to explain to me where you contrived this idea. A search of your purse led to the discovery of a large silver magnet used in stores to take off security tags and a pair of wire snips. Well, you just had all the theft theft tools that any thief ever could ask for for Christmas. You're a professional thief. You got 96 96 convictions of crimes, not counting what's about to happen here. 10 convictions of u crimes of theft, harassment. I mean, this goes back to 1991. You've been committing crimes for 30 years now. Over 30 years. And by the way, you not not only including uh this crime u but Other crimes were committed since 2016. The date you say you have this heart ailment that has affected your physical ability. Uh but does and your life expectancy, but it doesn't prevent you from committing crimes. That's a problem. Your criminal history 96. That's one of the most prol I've done this for a long time. Thousands of cases. You are one of the most prolific criminals that have set foot in this room. And and I guess you have used similar kinds of sad stories to others to try to minimize your responsibility. But uh there's this is nothing to be proud of and it's not anything that this court can really sympathize with you. People come in here, everyone comes in here, maybe one or two out of the thousands have been more prolific in their criminal actions, quantity of crimes more than you. But all of those thousands of people that come before me could say, "Well, uh, Miss Tiffany Marshall, uh, you she had 97 convictions and you let her kind of sache out of here." And I'd like the Tiffany Marshall rule, please. Because aren't you supposed to be fair, judge? Yeah, I am. I should be fair. And everybody is to be judged based upon their criminal history and character. And this is not it is very poor character. And your criminal history is most prolific. This court is not going to change the rule of law which states people are responsible for their bad acts, their criminal acts. They must be that responsible. Anything else? Well, um, there I don't know that all of the theft by check citations were convictions. I know that she said she handled most of her things by paying her uh checks off. But the other thing is I would ask the court that if the court is not willing to allow her to be on probation and even though she got a year, the last time she had a state jail felony, we would ask that you consider something on the low end, 6 months or even a 1244 uh even in light of her other problems that we would have to as a taxpayers have to deal with because she's so ill. So I would ask the court if you're going to send her to jail that you consider something on a low. Anything else? If not on that argument truly then people who are seriously ill have cart blanch to do pretty much anything they'd want. And everyone has some form of situation healthwise that they're dealing with. Even the most healthy people are not perfect. I so find you guilty. I'm following this agreement. You are hereby sentenced to confinement in the state jail for a term of 15 months. You will be given credit for all time that you have served in accordance with this. Your lifestyle. See, Miss Marshall, you you have a lifestyle that you feel shocked that committing crimes should hold you accountable. You have 96 infractions of law. 96. And you are committing these crimes with special tools for getting away with uh attempting to commit your theft. You have specially made tools that are used in the commission of your crime. You can't a judge cannot be lenient with you. You are you cost everybody. You are a oneperson crime wave. It's thefts. Thefts that cost everybody more money at merchandise stores because they their thefts the loss is so high. We have to pay for your criminal acts. But after 96 times you have had to go deal with crimes in a various in various courts from felony courts to misdemeanor to class C mis misdemeanor courts. you you would have gotten the message and you never have. You just are a career criminal. That's the very you the very essence of a career criminal. And I wish you wouldn't do that. Thou shalt not steal. You've heard of that one. And it's not only written in moral issues, but it's it's right there in the law. There's a full section or two or three in the penal code which deal with dishonest acts and that's where you are. I'm sorry. I just wish you'd have changed your ways, but like I said, you've been doing this for 30 years, 13 years. Just can I get some time to get my my stuff in order and go see my doctor to get my medicine? No, ma'am. Not under this situation. the the jail the jail is going to be able Those people the jail take care of people who have medical issues. I trust them. They are good at their job. I'm I'm going to give I'm going to give you a chance during the Christmas season to go out and steal more stuff. I don't think so. Well, you've always done that. You've done that for 30 years. 97 times now. traffic violations. So please [Music] my grand I got my grandkid ma'am. My god. Ma'am, you didn't think of all of that when you made a choice to steal. You didn't think of what you had to lose. And the people who rely on you or respect you or look up to you. I've got children. I've got grandchildren. I they help me make the right choices and it's not all that hard to think about them first and you don't you just thought about stealing your for your needs. I'm sorry. I I I don't mean to I I hate being the Grinch here, but this is all about law and order. And this his 97th time. 97th time. My gosh. It's like it's like all them times was like chickens. And ma'am, they were all crimes that you were found guilty of. They were all crimes. All of them were crimes. That is all. And make sure that you inform the jail about your health needs so that they can get the proper medication for you. That is all. Let's go. Let's go. Nobody likes hearing anybody cry during Christmas. Nobody likes that. Especially me, but there was a way to avoid all of them. Anyway, that's all. Uh, next. John, what do you have? Anything else? We lost. Merry Christmas to you. in case you don't. Boy, you hate hearing that during the Christmas season. Sit down, sir. Convictions. No, no, that was 97. Just that was 97. I know. What do you do one more time? Say just I'll never do this again. Is that the story? It's it's it's this terrible thing, but but it has the way of life. And I wish the grandchildren story wouldn't be used because that's well that's trying to shield your responsibility by putting your brand building in front of you. I mean, that's that's not an appropriate method of explaining away how your actions are going to become better. She got grandchildren, but that's not stopping her from continuing to make felony crimes. [Music]