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Date: 06-10-2024
Case Style:
Case Number: CF-2022-3234
Judge: Clifford J. Smith
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description:
Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with financial exploiation of caretaker, second degree forgery, delivery of forged note
21 O.S. 843.1:
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.
21 O.S. 1585:
1. Any instrument in writing, being or purporting to be any process issued by any competent court, magistrate, or officer of being or purporting to be any pleading, proceeding, bond or undertaking filed or entered in any court, or being or purporting to be any license or authority authorized by any statute; or,
2. Any instrument of writing, being or purporting to be the act of another by which any pecuniary demand or obligation is, or purports to be created, increased, discharged or diminished, or by which any rights or property whatever, are, or purport to be, transferred, conveyed, discharged, diminished, or in any manner affected, the punishment of which is not hereinbefore prescribed, by which false marking, altering, forging or counterfeiting, any person may be affected, bound or in any way injured in his person or property,
Outcome: JUDGE CLIFFORD J. SMITH: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY DALINDA JEFFERS. COURT REPORTER WAIVED AND DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHT TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:
COUNT 1: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 4 YEARS UNTIL 6/5/2028 @ 9 AM IN ROOM 408. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEY'S OFFICE. DEFENDANT TO PAY $600.00 COURT FUND, $150.00 VCA, RESTITUTION OF $9,600. PLUS COSTS. DEFENDANT TO FOLLOW ALL RULES OF D.A. SUPERVISION.
COUNT 2: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 4 YEARS UNTIL 6/5/2028 @ 9 AM IN ROOM 408. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEY'S OFFICE. DEFENDANT TO PAY $600.00 COURT FUND, $150.00 VCA, PLUS COSTS. DEFENDANT TO FOLLOW ALL RULES OF D.A. SUPERVISION.
COUNT 3: DISMISSED COST TO STATE.
COUNT 4: DISMISSED COST TO STATE.
COUNT 5: DISMISSED COST TO STATE.
COUNT 6: DISMISSED COST TO STATE.
COUNT 7: DISMISSED COST TO STATE.
COUNT 8: DISMISSED COST TO STATE.
COUNT 9: DISMISSED COST TO STATE.
COUNTS 1 AND 2 TO RUN CONCURRENT WITH EACH OTHER.
DEFENDANT ADVISED OF
Plaintiff's Experts:
Defendant's Experts:
Comments: