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Date: 05-29-2024
Case Style:
State of Oklahoma v. Roy Franklin Kirby, Jr.
Case Number: CF-2023-2955
Judge: David Guten
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney: David W. Cole
Description:
Tulsa, Oklahoma criminal defense lawyer David W. Cole who represented the Defendant charged with child abuse by injury in violation of 21 O.S. 843.1
, which provides:
A. 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.
2. For purposes of this section, the terms, "abuse", "financial neglect", "neglect", "sexual abuse", and "exploit" shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.
B. 1. Any person convicted of a violation of this section, except as provided in paragraph 2 of this subsection, shall be guilty of a felony. The violator, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim’s Protection Act. Such person’s term shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.
2. Any person convicted of violating the provisions of this section by committing sexual abuse shall be guilty of a felony. The person convicted of sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victim’s Protection Act. Such person’s imprisonment term imposed pursuant to this section shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.
C. Consent shall not be a defense for any violation of this section.
D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of paragraph 2 of subsection B of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.
Outcome: 05-29-2024 CONVICTED
JUDGE DAVID GUTEN: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY DAVID COLE. STATE REPRESENTED BY DAVID DOSSMAN.. COURT REPORTER WAIVED AND DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF NOLO CONTENDERE AND WAIVES RIGHT TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:
COUNT 1: 5 YEARS DEPARTMENT OF CORRECTIONS, SUSPENDED. DEFENDANT TO BE UNDER THE SUPERVISION OF PROBATION AND PAROLE. DEFENDANT ASSESSED $400.00 FINE, $ 200.00 VCA, PLUS COSTS. DEFENDANT TO FOLLOW ALL RULES AND PROBATION AND PAROLE
CC WITH CF-18-5939
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED
Plaintiff's Experts:
Defendant's Experts:
Comments: