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Description: Guthrie, Oklahoma criminal defense lawyer represented Defendant charged with conspiracy to commit a felony after former conviction of a felony in violation of 21 O.S. 421, which provides:

A. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding; or

4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,

5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.

B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony.

C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such fine and imprisonment.

and

Obtaining Property by False Pretenses in violation of 21 O.S. 1541.2, which provides:



A. If the value of the money, property or valuable thing referred to in Section 1541.1 of this title is:

1. 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 a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment;

2. 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 a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine; or

3. Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.

B. Any person convicted pursuant to this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.

Outcome: 7-19-2022

JUDGE DUEL- STATE APPEARS BY JR KALKA, ASSISTANT DISTRICT ATTORNEY. DEFENDANT APPEARS IN PERSON WITH ATTORNEY LANE FITZ. CASE COMES ON FOR SENTENCING. DEFENDANT WAIVES HIS RIGHT TO A DIFFERENT JUDGE. IN EACH COUNT, COURT SENTENCES THE DEFENDANT TO SERVE EIGHT (8) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH ALL THAT TIME TO BE SUSPENDED CONDITIONED UPON HIS GOOD BEHAVIOR. DEFENDANT IS ORDERED TO PAY THE COSTS OF THIS ACTION, COST OF INCARCERATION IN THE AMOUNT OF $240.00, AND AN OIDS FEE IN THE AMOUNT OF $250.00. DEFENDANT IS ADVISED OF HIS RIGHT TO APPEAL. BENCH WARRANT IS ORDERED RECALLED.

Plaintiff's Experts:

Defendant's Experts:

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