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Date: 06-13-2024
Case Style:
State of Oklahoma v. Sarah Colleen Benefield
Case Number: CF-2023-137
Judge: Stephen R. Pazzo
Court: In the District Court in and for Rogers County, Oklahoma
Plaintiff's Attorney: Rogers County District Attorney’s Office
Defendant's Attorney:
Description:
Claremore, Oklahoma criminal defense lawyer represented Defendant charged with engaging in a pattern of criminal offense in violation of 21 O.S. 425 and uttering a forged instrument in violation of 21 O.S. 1592.
21 O.S. 425:
A. Any person who engages in a pattern of criminal offenses in two or more counties in this state or who attempts or conspires with others to engage in a pattern of criminal offenses shall, upon conviction, be punishable by imprisonment in the Department of Corrections for a term not exceeding two (2) years, or imprisonment in the county jail for a term not exceeding one (1) year, or by a fine in an amount not more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Such punishment shall be in addition to any penalty imposed for any offense involved in the pattern of criminal offenses. Double jeopardy shall attach upon conviction.
B. For purposes of this act, "pattern of criminal offenses" means:
1. Two or more criminal offenses are committed that are part of the same plan, scheme, or adventure; or
2. A sequence of two or more of the same criminal offenses are committed and are not separated by an interval of more than thirty (30) days between the first and second offense, the second and third, and so on; or
3. Two or more criminal offenses are committed, each proceeding from or having as an antecedent element a single prior incident or pattern of fraud, robbery, burglary, theft, identity theft, receipt of stolen property, false personation, false pretenses, obtaining property by trick or deception, taking a credit or debit card without consent, or the making, transferring or receiving of a false or fraudulent identification card.
C. Jurisdiction and venue for a pattern of criminal
21 O.S. 1592:
A. Every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which has previously been declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is punishable as follows:
1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of forgery as a misdemeanor punishable by imprisonment in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed two (2) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and
4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
Outcome: JUDGE PAZZO; CR BAAB; ADA CABELL PRESENT FOR STATE; CASE COMES ON FOR DISPOSITION HEARING; DEFENDANT IS PRESENT WITH ATTORNEY ABOTBOL; DEFENDANT SWORN & ADVISED OF RIGHTS; DEFENDANT FOUND COMPETENT TO DO SO; DEFENDANT ENTERS PLEA OF NO CONTEST; COURT ACCEPTS PLEA FINDING THAT IS WAS FREELY, VOLUNTARILY & KNOWLINGLY GIVEN UNDER GOOD LEGAL COUNSEL; COURT SENTENCES AS FOLLOWS
CT 1: 1 YEAR S/S + $250 FINE + $125 VCA + COURT COSTS
CT 2: 1 YEAR S/S + $250 FINE + $125 VCA + COURT COSTS
DEFENDANT IS PLACED ON DA PROBATION; DEFENDANT ADVISED OF RIGHT TO APPEAL; DEFENDANT ORDERD TO REPORT TO COURT CLERK TODAY AND ESTABLISH PAYMENT PLAN OR BALANCE WILL BE DUE IN 90 DAYS; DEFENDANT ORDERED TO REPORT TO DA PROBATION TODAY 6-13-2024 BY 3:00PM; COURT ORDERD DEFENDANT TO REPORT TO DA SUPERVISION 5 DAYS ON OR BEFORE THE 13TH OF EVERY MONTH FOR ENTIRE PROBATION PERIOD
Plaintiff's Experts:
Defendant's Experts:
Comments: