Marcy Erico, the woman who allegedly used her 10-year-old daughter to steal groceries from Safeway, appeared in court to face criminal charges related to the incident Tuesday but the hearing was continued, authorities said.

Erico, 38 of Morgan Hill, is next scheduled to appear Dec. 11 at the South County Courthouse in Morgan Hill, where she will plea to charges of felony commercial burglary and misdemeanor contributing to the delinquency of a minor, according to Supervising Deputy District Attorney Steve Lowney with South Santa Clara County.

Police were called Sept. 19 to the Safeway grocery store on Tennant Station in Morgan Hill on a report of 10-year-old female shoplifter in custody at the store.

An investigation determined that the girl was Erico’s daughter, and had entered the store with Erico, police said. The two filled a shopping cart with beer and groceries, and Erico instructed her daughter to wait inside the store with the cart while she retrieved the car.

When Erico pulled up to the store’s door, her daughter was instructed to push the cart out, and the two would load the stolen contents into the car, police said.

However, Safeway employees saw the girl attempting to leave with the groceries and stopped her, police said. Erico drove away, abandoning her daughter at the store.

Among the $150 worth of groceries was a 24-pack of beer, police said. Authorities added that Erico and her daughter committed a similar theft about a week earlier, making off with $60 worth of groceries in that incident at the same store.

Police continued to search for Erico, who they eventually contacted on the phone while she was traveling out of the state. Police found out she was traveling with her 11-month-old son and an adult male companion.

Authorities caught up with Erico at a hotel the three were staying at Sept. 28 in Lyon County, Nev., with the child unharmed, police said.

Both Erico’s daughter and infant son have since been returned to the custody of their grandmother, police said.

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Michael Moore is an award-winning journalist who has worked as a reporter and editor for the Morgan Hill Times, Hollister Free Lance and Gilroy Dispatch since 2008. During that time, he has covered crime, breaking news, local government, education, entertainment and more.

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