Date: 04-03-2023

Case Style:

State of Oklahoma v. Justina Sierra Fuga

Case Number: CF-2013-280

Judge: Grant Sheperd

Court: District Court, Comanche County, Oklahoma

Plaintiff's Attorney: Comanche County, Oklahoma District Attorney's Office

Defendant's Attorney:

Description: Lawton, Oklahoma criminal defense lawyer represented Defendant charged with exploitation by a caretaker of and elderly or disabled person in violation of 21 O.S. 843.4, which provides:



A. As used in this section, "exploitation of an elderly person or disabled adult" means:

1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

a. stands in a position of trust and confidence with the elderly person or disabled adult, or

b. has a business relationship with the elderly person or disabled adult, or

2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

C. For purposes of this section, "elderly person" means any person sixty-two (62) years of age or older.

Outcome: THE COURT , AFTER FINDING THE DEFT. GUILTY AND AFTER HEARING HEARD TESTIMONY REGARDING RESTITUTION DURING THE STATE'S CASE IN CHIEF, FINDS AS FOLLOWS: STATE AND DEFT. AGREED TO PROCEED WITH RESTITUTION HEARING BASED ON EVIDENCE ELICITATED AT TRIAL. THE COURT REVIEWED STATE EXHIBITS 1 AND 2 AND DETERMINE RESTITUTION TO BE ALL CHARGES AT WAL-MART FOR THE MONTH OF JAN, FEB, MARCH AND ON APRIL 1ST OF 2013 $1,000 PER MONTH FOR JAN, FEB, AND MARCH OF 2013 WHICH ARE CONSIDERED REASONABLE LIVING EXPENSES FOR THE VICTIM , TOTAL RESTITUTION $17,843.64.
DEFENDANT AGREED TO PAY $250 PER MONTH IN RESTITUITON.

Plaintiff's Experts:

Defendant's Experts:

Comments: