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Date: 06-25-2024
Case Style:
Case Number: CF-2024-492
Judge: Rodney Sparkman
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 uttering a forged instrument in violation of 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 RODNEY SPARKMAN: DEFENDANT PRESENT, IN CUSTODY, AND IS REPRESENTED COUNSEL. STATE REPRESENTED BY JERRY TRUSTER. COURT REPORTER IS WAIVED. CASE CALLED FOR PRELIMINARY HEARING ISSUE. DEFENDANT SWORN IN OPEN COURT. THE DEFENDANT ENTERS A PLEA OF GUILTY, WAIVED RIGHTS TO JURY, NON-JURY TRIAL, AND PRELIMINARY HEARING. THE COURT ACCEPTS THE DEFENDANTS PLEA OF GUILTY. THE COURT FINDS THE DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:
COUNT 1: DEFENDANT SENTENCED TO FOUR (4) YEARS IN THE DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED COSTS ONLY.
TO RUN CONCURRENT WITH CF-19-519, CF-19-2879, CF-20-1991, AND CF-21-2627. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL.
Plaintiff's Experts:
Defendant's Experts:
Comments: