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Date: 04-16-2024
Case Style:
Case Number: CF-2022-1155
Judge: CF Docket C
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney: Oliver W. Arbogast
Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with obtaining money, property or signature under false pretenses in violation of 21 O.S. 1542, which provides:
A. Every person who, with intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense, obtains the signature of any person to any written instrument, or obtains from any person any money or property is, upon conviction, guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years or in a county jail not exceeding one (1) year if the value is One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment. If the value is less than One Thousand Dollars ($1,000.00), the person is, upon conviction, guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding three times the value of the money or property so obtained, or by both such fine and imprisonment.
B. Every person who, with intent to cheat or defraud another, possesses, uses, utters, transfers, makes, manufactures, counterfeits, or reproduces a retail sales receipt or a Universal Price Code Label is, upon conviction, guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years or in a county jail not exceeding one (1) year if the value is One Thousand Dollars ($1,000.00) or more, or by a fine not exceeding three times the value represented on the retail sales receipt or the Universal Price Code Label, or by both such fine and imprisonment. If the value is less than One Thousand Dollars ($1,000.00), the person is, upon conviction, guilty of a misdemeanor punishable by imprisonment in the county jail for a term not exceeding one (1) year, or by a fine not exceeding three times the value represented on the retail sales receipt or the Universal Price Code Label, or by both such fine and imprisonment. For purposes of this subsection, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.
Outcome: 04-16-2024 DEFERRED
JUDGE DAWN MOODY: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY OLIVER ARBOGAST. STATE REPRESENTED BY JOHN LACKEY. RECORDER USED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT PREVIOUSLY ENTERED A PLEA OF GUILTY, WAIVED RIGHTS TO JURY, NON JURY TRIAL. THE COURT SENTENCES THE DEFENDANT AS FOLLOWS:
COUNT 1: COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR SEVEN (7) YEARS UNTIL 4-14-31 AT 9:00AM IN ROOM 406. DEFENDANT ASSESSED COSTS.
DEFENDANT TO BE UNDER NO FORMAL SUPERVISION. CASE RUNNING CONSECUTIVE TO CF-22-3427. DEFENDANT TO HAVE NO CONTACT WITH VICTIM. RESTITUTION TO BE PAID PER SCHEDULE. THE STATE HAS NO OBJECTION TO EARLY EXPUNGEMENT IF DEFENDANT IS IN COMPLIANCE AND RESTITUTION IS PAID IN FULL.
DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED, BOND EXONERATED.
Plaintiff's Experts:
Defendant's Experts:
Comments: