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Date: 08-02-2022

Case Style:

State of Oklahoma v. Xavier Marquez Miller and Breanna Courtney Miller, Defendants

Case Number: CF-2021-1435

Judge: Dawn Moody

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

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

Defendant's Attorney:




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Description: Tulsa, Oklahoma criminal lawyer represented Defendant, charged with:
Childe Abuse by Injury

Count # 1. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 12/10/2020
Party Name Disposition Information
MILLER, XAVIER MARQUEZ Disposed: CONVICTION, 08/02/2022. Nolo Contendere Plea
Count as Disposed: CHILD ABUSE BY INJURY(CHAB)
Violation of 21 O.S. 843.5 (A)
Count # 2. Count as Filed: CHN, CHILD NEGLECT, in violation of 21 O.S. 843.5 (C)
Date of Offense: 12/23/2020
Party Name Disposition Information
MILLER, XAVIER MARQUEZ Disposed: CONVICTION, 08/02/2022. Nolo Contendere Plea
Count as Disposed: CHILD NEGLECT(CHN)
Violation of 21 O.S. 843.5 (C)
Count # 3. Count as Filed: CHN, CHILD NEGLECT, in violation of 21 O.S. 843.5 (C)
Date of Offense: 12/23/2020
Party Name Disposition Information
MILLER, BREANNA COURTNEY Disposed: DEFERRED, 12/17/2021. Nolo Contendere Plea
Count as Disposed: CHILD NEGLECT(CHN)
Violation of 21 O.S. 843.5 (C)

Outcome: 12-17-2021

JUDGE DAWN MOODY: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY ALI HAUSNER. STATE REPRESENTED BY AMY DICKENS. COURT REPORTER IS LISA FOSTER. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERED A PLEA OF NOLO CONTENDERE, WAIVED RIGHTS TO JURY, NON JURY TRIAL. THE COURT SENTENCES THE DEFENDANT AS FOLLOWS:

THE STATE WAIVES PROHIBITION.

COUNT 3: COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR FOUR (4) YEARS UNTIL 12/15/2025 AT 9:00AM IN RM 406. DEFENDANT ASSESSED A $400.00 COURT FUND, $200.00 VICTIM COMPENSATION ASSESSMENT, PLUS COSTS.

TO RUN CONCURRENT WITH CM-21-200. DEFENDANT IS TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS, PROBATION AND PAROLE.
DEFENDANT IS TO COMPLETE PARENTING CLASSES, OBTAIN A DRUG AND ALCOHOL ASSESSMENT AND FOLLOW ALL RECOMMENDATIONS. DEFENDANT ADVISED OF 85% RULE.

DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED, BOND EXONERATED.

08-02-2022

JUDGE DAWN MOODY: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY JANAY CLOUGHERTY. THE STATE IS REPRESENTED BY AMY DICKENS. COURT REPORTER IS LISA FOSTER. CASE CALLED FOR DISPOSITION NO ISSUE. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF NOLO CONTENDERE, WAIVES RIGHTS TO JURY, NON JURY TRIAL, COURT ACCEPTS DEFENDANTS PLEA OF NOLO CONTENDERE. THE COURT FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:

COUNT 1: DEFENDANT SENTENCED TO FIVE (5) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST TWO (2) YEARS TO BE SERVED IN CUSTODY IN THE DEPARTMENT OF CORRECTIONS, WITH THE REMAINING THREE (3) YEARS TO BE SUSPENDED.

COUNT 2: DEFENDANT SENTENCED TO FIVE (5) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST TWO (2) YEARS TO BE SERVED IN CUSTODY IN THE DEPARTMENT OF CORRECTIONS, WITH THE REMAINING THREE (3) YEARS TO BE SUSPENDED.

THE COURT WAIVES ALL FINES AND COSTS IN THIS CASE. ALL COUNTS TO RUN CONCURRENT. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS, COMMUNITY SENTENCING. DEFENDANT TO COMPLETE PARENTING CLASSES, MENTAL HEALTH EVALUATION, FOLLOW ALL RECOMMENDATIONS AND STAY COMPLIANT WITH MEDICATIONS.

DEFENDANT ADVISED OF 85% RULE. JUDICIAL REVIEW SET FOR 7/31/2023 AT 1:30PM IN ROOM 406.

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

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