Date: 07-24-2024

Case Style:

State of Oklahoma v. Brandi Samone Tottress

Case Number: CF-2021-4343

Judge: Clifford J. Smith

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Tulsa County District Attorney's Office

Defendant's Attorney:

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Description:

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with shooting with intent to kill in violation of 21 O.S.C. 652.

A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor exceeding life.

C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

D. The provisions of this section shall not apply to:

1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or

2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

E. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.

Outcome: 4-2024 DEFERRED


JUDGE CLIFFORD J. SMITH: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY COUNSEL. STATE REPRESENTED BY JAKE KING. 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: (AMENDED COUNT )COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 2 YEARS UNTIL 7/20/2026 @ 9 AM IN ROOM 408. DEFENDANT UNDER THE SUPERVISION OF THE TULSA COUNTY DISTRICT ATTORNEY'S OFFICE/ COMMUNITY SENTENCING. DEFENDANT'S FINES AND COSTS WAIVED.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

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