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Date: 11-19-2021

Case Style:

State of Oklahoma v. Lin Jian

Case Number: CF-2021-117

Judge: Corley, Phillip C.

Court: In the District Court in and for Logan County, Oklahoma

Plaintiff's Attorney: Logan County District Attorney’s Office

Defendant's Attorney:


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Description: Guthrie, Oklahoma criminal defense lawyer represented Defendant charged with Possession of Firearm During Commission of a Felony, in violation of 21 O.S. 1287, which provides:

A. Any person who, while committing or attempting to commit a felony, possesses a pistol, shotgun or rifle or any other offensive weapon in such commission or attempt, whether the pistol, shotgun or rifle is loaded or not, or who possesses a blank or imitation pistol, altered air or toy pistol, shotgun or rifle capable of raising in the mind of one threatened with such device a fear that it is a real pistol, shotgun or rifle, or who possesses an air gun or carbon dioxide or other gas-filled weapon, electronic dart gun, conductive energy weapon, knife, dagger, dirk, switchblade knife, blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in addition to the penalty provided by statute for the felony committed or attempted shall, upon conviction, be guilty of a felony for possessing such weapon or device, which shall be a separate offense from the felony committed or attempted and shall be punishable by imprisonment in the custody of the Department of Corrections for a period of not less than two (2) years nor for more than ten (10) years for the first offense, and for a period of not less than ten (10) years nor more than thirty (30) years for any second or subsequent offense.

B. Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license revoked and shall be liable for an administrative fine of One Thousand Dollars ($1,000.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

C. As used in this section:

1. “Altered toy pistol” shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon; and

2. “Altered air pistol” shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.

Outcome: Count # 1. Count as Filed: WFEL, Possession of Firearm During Commission of a Felony, in violation of 21 O.S. 1287
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Guilty Plea
Count as Disposed: Possession of Firearm During Commission of a Felony(WFEL)
Violation of 21 O.S. 1287
Count # 2. Count as Filed: MAIND, Maintaining a House Where Drugs are Kept, in violation of 63 O.S. 2-404(a)(6)
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Guilty Plea
Count as Disposed: Maintaining a House Where Drugs are Kept(MAIND)
Violation of 63 O.S. 2-404(a)(6)
Count # 3. Count as Filed: CCS, Unlawful Cultivation of Marijuana, in violation of 63 O.S. 2-509
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Jury Trial
Count as Disposed: Unlawful Cultivation of Marijuana(CCS)
Violation of 63 O.S. 2-509
Count # 4. Count as Filed: DMLWT, Possession of Proceeds Known to be Derived from Violations of the Uniform Controlled Dangerous Substance Act, in violation of 63 O.S. 2-503.1
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Guilty Plea
Count as Disposed: Possession of Proceeds Known to be Derived from Violations of the Uniform Controlled Dangerous Substance Act(DMLWT)
Violation of 63 O.S. 2-503.1
Count # 5. Count as Filed: TAXS, Possession of Controlled Drug Without Tax Stamp Affixed, in violation of 68 O.S. 450.1
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Guilty Plea
Count as Disposed: Possession of Controlled Drug Without Tax Stamp Affixed(TAXS)
Violation of 68 O.S. 450.1
Count # 6. Count as Filed: DU8TM1, Trafficking Illegal Drugs Marijuana, in violation of 63 O.S. 2-415
Date of Offense: 05/17/2021
Party Name Disposition Information
Lin, Jian Disposed: CONVICTION, 11/19/2021. Guilty Plea
Count as Disposed: Trafficking Illegal Drugs Marijuana(DU8TM1)
Violation of 63 O.S. 2-415

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