Date: 03-25-2024

Case Style:

State of Oklahoma v. J.S.E.

Case Number: CF-2022-2920

Judge: Michelle Keeley

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

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

Defendant's Attorney: D. Mitchell Garrett - 918-221-6190

Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant charged with possession of a firearm in violation 21 O.S. 1283, which provides:

A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm.

B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair.

C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status.

D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.

E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00).

F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.

G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.

H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.

I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.

J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.

K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.

Outcome: 03-25-2024 CONVICTED


JUDGE MICHELLE KEELY: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY MITCHELL GARRETT. STATE REPRESENTED BY KATIE KOLJACK FOR ELYSSA KOHLER. RECORDING MADE DUE TO COURT REPORTER UNAVAILABLE. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON-JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS GUILTY PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:

THE DEFENDANT IS TO BE SUPERVISED ON COMMUNITY SENTENCING THROUGH THE DEPARTMENT OF CORRECTIONS.

COUNT 1) DEFENDANT SENTENCED TO FOUR (4) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME SUSPENDED BUT FOR TWO (2) WEEKS TO BE SERVED IN THE TULSA COUNTY JAIL. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.

DEFENDANT TO FOLLOW ALL RULES AND CONDITIONS OF SUPERVISION.

DEFENDANT ASSESSED DISTRICT ATTORNEY 991 FEES.

DEFENDANT IS ORDERED TO REPORT TO THE TULSA COUNTY JAIL NO LATER THAN 5/1/2024.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. RELEASE ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: