Date: 05-01-2012

Case Style: State of Oklahoma v. Jose Albert Espinoza

Case Number: CF-2011-1421

Judge: James Caputo

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kali Strain

Defendant's Attorney: Wes Johnson

Description: Tulsa, OK - Criminal defense lawyer Wes Johnson represented Jose Albert Espinoza, who was charged by the State of Oklahoma with:

Count # 1. Count as Filed: RAPE, RAPE - 2ND DEGREE, in violation of 21 O.S. 1116
Date of Offense: 04/10/2011
Party Name Disposition Information
ESPINOZA, JOSE ALBERT Disposed: CONVICTION, 05/01/2012. Guilty Plea
Count as Disposed: RAPE - 2ND DEGREE(RAPE)
Violation of 21 O.S. 1116
Count # 2. Count as Filed: RAPE, RAPE - 2ND DEGREE, in violation of 21 O.S. 1116
Date of Offense: 04/11/2011
Party Name Disposition Information
ESPINOZA, JOSE ALBERT Disposed: CONVICTION, 05/01/2012. Guilty Plea
Count as Disposed: RAPE - 2ND DEGREE(RAPE)
Violation of 21 O.S. 1116
Count # 3. Count as Filed: OBSC, MANUFACTURE CHILD PORN, in violation of 21 O.S. 1040.8 C
Date of Offense: 04/10/2011
Party Name Disposition Information
ESPINOZA, JOSE ALBERT Disposed: CONVICTION, 05/01/2012. Guilty Plea
Count as Disposed: MANUFACTURE CHILD PORN(OBSC)
Violation of 21 O.S. 1040.8 C
Docket
Date Code Description Count Party Amount
04-15-2011 TEXT

CRIMINAL FELONY INITIAL FILING.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
1 ESPINOZA, JOSE ALBERT
04-15-2011 INFORMATION

DEFENDANT JOSE ALBERT ESPINOZA WAS CHARGED WITH COUNT #1, RAPE - 2ND DEGREE IN VIOLATION OF 21 O.S. 1116
1 ESPINOZA, JOSE ALBERT
04-15-2011 INFORMATION

DEFENDANT JOSE ALBERT ESPINOZA WAS CHARGED WITH COUNT #2, RAPE - 2ND DEGREE IN VIOLATION OF 21 O.S. 1116
2 ESPINOZA, JOSE ALBERT
04-15-2011 INFORMATION

DEFENDANT JOSE ALBERT ESPINOZA WAS CHARGED WITH COUNT #3, MANUFACTURE CHILD PORN IN VIOLATION OF 21 O.S. 1040.8 C
3 ESPINOZA, JOSE ALBERT
04-15-2011 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE CF E DOCKET TO THIS CASE.

04-18-2011 CTARRPA

MOODY, DAWN: DEFENDANT PRESENT, IN CUSTODY AND NOT REPRESENTED BY COUNSEL ARRAIGNMENT PASSED TO 4-21-2011 AT 9AM IN ROOM 173 FOR DEFENDANT TO HAVE CONTACTED HIS ATTORNEY. DEFENDANT REMANDED TO CUSTODY. DEFENDANT DID HAVE TONY DOMINGUEZ AS HIS INTERPRETER.
ESPINOZA, JOSE ALBERT
04-18-2011 AFPCA

AFFIDAVIT & FINDING OF PROBABLE CAUSE T.R.A.C.I.S. (ARRESTED)

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
04-21-2011 DAINS

DISTRICT ATTORNEY INSPECTION NOTIFICATION

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
04-21-2011 CTARRPL

MOODY, DAWN: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JOAN LOPEZ. ARRAIGNMENT HELD. DEFENDANT WAIVES READING OF THE INFORMATION AND FURTHER TIME TO PLEAD. DEFENDANT ENTERS A PLEA OF NOT GUILTY.

PRELIMINARY HEARING SET FOR 5/9/11 AT 9AM IN ROOM 347. BOND SET IN THE AMOUNT OF $0; DEFENDANT REMANDED TO CUSTODY.
ESPINOZA, JOSE ALBERT
04-25-2011 CTFREE

MOODY, DAWN: COURT RECEIVES ENTRY OF APPEARANCE. JOAN LOPEZ FOR THE DEFENDANT.
ESPINOZA, JOSE ALBERT
04-26-2011 EAA

ENTRY OF APPEARANCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
05-09-2011 CTPASS

JUDGE YOULL: DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY JOAN LOPEZ. STATE REPRESENTED BY KALI STRAIN. PRELIMINARY HEARING PASSED TO 05/23/201 AT 9AM ROOM 347. BOND TO REMAIN. DEFENDANT REMANDED TO CUSTODY.
ESPINOZA, JOSE ALBERT
05-12-2011 RTSUB$

RETURN SUBPOENA

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
05-12-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
05-12-2011 RTSUB$

RETURN SUBPOENA

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
05-12-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
05-23-2011 CTPRLW

JUDGE LUDI-LEITCH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JOAN LOPEZ. STATE REPRESENTED BY COREY TISDALE. COURT REPORTER: WAIVED. CASE CALLED FOR PRELIMINARY HEARING. DEFENDANT WAIVES PRELIMINARY HEARING AND FURTHER TIME TO PLEAD. COURT HEREBY BINDS THE DEFENDANT OVER TO DISTRICT COURT FOR ARRAIGNMENT ON 5/31/11, 9 AM, ROOM 413, CF DOCKET E FOR ARRAIGNMENT BEFORE JUDGE CAPUTO. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
ESPINOZA, JOSE ALBERT
05-24-2011 WAIPH

WAIVER OF PRELIMINARY HEARING AND BIND- OVER ORDER

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
05-31-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY LANE FITZ FOR JOAN LOPEZ. STATE REPRESENTED BY KALI STRAIN. DISTRICT COURT ARRAIGNMENT PASSED TO 7-6-2011 AT 9:00 A.M. AT REQUEST OF DEFENDANT. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
05-31-2011 RTSUB$

RETURN SUBPOENA SERVED - 5/17/11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
05-31-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
05-31-2011 RTSUB$

RETURN SUBPOENA SERVED - 5/17/11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
05-31-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
06-13-2011 WFPDA

WITNESS FEES PAID BY DISTRICT ATTORNEY ON 5-26-11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 10.00
06-13-2011 WFPDA

WITNESS FEES PAID BY DISTRICT ATTORNEY ON 5-26-11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 10.00
06-13-2011 WFPDA

WITNESS FEES PAID BY DISTRICT ATTORNEY ON 5-26-11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 21.00
06-14-2011 MOPRO

MOTION TO PRODUCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
06-14-2011 EAA

ENTRY OF APPEARANCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
06-14-2011 MOCON

MOTION FOR CONTINUANCE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
07-06-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY BEN FU. DISTRICT COURT ARRAIGNMENT PASSED TO 7-25-2011 AT 9:00 A.M. AT REQUEST OF DEFENDANT. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK .
ESPINOZA, JOSE ALBERT
07-25-2011 CTDCA

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY BEN FU. DISTRICT COURT ARRAIGNMENT HELD; DEFENDANT ENTERS A PLEA OF NOT GUILTY TO THE INFORMATION AND REQUESTS JURY TRIAL. JURY TRIAL SET FOR 1-9-2012 AT 1:30 P.M.. ALLEN DISCOVERY HEARING SET FOR 9-19-2011 AT 9:00 A.M.. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
07-25-2011 REQJTCR

REQUEST FOR JURY TRIAL
ESPINOZA, JOSE ALBERT $ 30.00
07-25-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
09-13-2011 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY SUPPLEMENTAL PAGES 40 TO 57

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
09-19-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY BEN FU. DEFENDANT REQUEST CHIEF PROSECUTION WITNESS CELL PHONE INFORMATION AND ANY WEB NET WORKING. ALLEN DISCOVERY HEARING PASSED TO 9-29-2011 AT 9:00 A.M.. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
09-20-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY BEN FU. ALLEN DISCOVERY HEARING PASSED TO 11-15-2011 AT 9:00 A.M. JURY TRIAL SET FOR 1-9-2012 AT 1:30 P.M. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
10-11-2011 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY SUPPLEMENTAL PAGES 1 TO 39

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
11-15-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY BEN FU. ALLEN DISCOVERY HEARING PASSED TO 12-12-2011 AT 9:00 A.M.. BOND TO REMAIN; DEFENDANTS APPEARANCE WAIVED.
ESPINOZA, JOSE ALBERT
11-18-2011 RTSUB$

RETURN SUBPOENA SERVED - 11/4/11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
11-18-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
11-18-2011 RTSUB$

RETURN SUBPOENA SERVED - 11/4/11

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT $ 50.00
11-18-2011 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
ESPINOZA, JOSE ALBERT $ 25.00
12-06-2011 ADISC

ACKNOWLEDGEMENT OF RECEIPT OF DISCOVERY
SUPPLEMENTAL PAGES 58 TO 368

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
12-12-2011 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT NOT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY BEN FU. MOTION HEARING SET FOR 1-3-2012 AT 9:00 A.M. MOTIONS TO BE FILED BY 12-19-2011. STATE TO RESPOND BY 12-29-2011. BOND TO REMAIN;
ESPINOZA, JOSE ALBERT
12-19-2011 TEXT

PROPOSED JURY INSTRUCTIONS

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
12-19-2011 MOLIM

MOTION IN LIMINE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
01-03-2012 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY KALI STRAIN. ALLEN DISCOVERY HEARING/MOTIONS PASSED TO 1-27-2012 AT 9:00 A.M. STATE TO RESPOND TO MOTIONS BY 1-9-2012. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
01-05-2012 MO

STATE'S COMBINED MOTION IN LIMINE AND OBJECTION AND RESPONSE TO DEFENDANT'S PROPOSED JURY INSTRUCTIONS

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
01-27-2012 RESP

PLAINTIFF'S RESPONSE TO STATE'S OBJECTION AND RESPONSE

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
01-27-2012 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY BEN FU. COURT REPORTER: SANDY CRITTENDEN. MOTION HEARING HELD. MOTION IN LIMINE AS TO CALLING THE VICTIM A VICTIM WILL BE ALLOWED AND WILL BE READDRESSED AT TRIAL IF USE IN EXCESS. MOTION HEARING/ALLEN DISCOVERY HEARING CONTINUED PASSED TO 2-21-2012 AT 9:00 A.M.. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
02-21-2012 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY PHILLIP PEAK. ALLEN DISCOVERY HEARING/MOTION HEARING PASSED TO 2-27-2012 AT 9:00 A.M. AT REQUEST OF DEFENDANT. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
02-27-2012 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WESLEY JOHNSON. STATE REPRESENTED BY BEN FU. COURT REPORTER: SANDY CRITTENDEN. MOTION HEARING HELD. DEFENDANT'S PROPOSED JURY INSTRUCTIONS IS DENIED. DEFENDANT'S MOTION IN LIMINE IS TAKEN UNDER ADVISEMENT. STATE'S MOTION IN LIMINE IS GRANTED. DEFENDANT GIVES NOTICE OF INTENT TO APPEAL. STATUS OF APPEAL PASSED TO 4-2-2012 AT 9:00 A.M.. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT
03-28-2012 T

ORIGINAL TRANSCRIPT OF PRODEEDINGS ON THE 27TH DAY OF FEBRUARY, 2012.

Pursuant to 12 O.S. § 39, Document Available at Court Clerk's Office
ESPINOZA, JOSE ALBERT
04-02-2012 CTPASS

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY KALI STAIN. STATUS CONFERENCE PASSED TO 5-1-2012 AT 9:00 A.M. AT REQUEST OF DEFENDANT. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
ESPINOZA, JOSE ALBERT

Outcome:

JUDGE JAMES CAPUTO: DEFENDANT PRESENT IN CUSTODY, REPRESENTED BY WES JOHNSON. STATE REPRESENTED BY KALI STRAIN. COURT REPORTER: SANDY CRITTENDEN. DEFENDANT SWORN WAIVES JURY TRIAL, NON-JURY TRIAL. DEFENDANT ENTERS PLEA OF GUILTY, COURT ACCEPTS SAID PLEA AND FINDS DEFENDANT GUILTY. COUNT 1 FIVE (5) YEARS DEPARTMENT OF CORRECTIONS WITH THREE (3) YEARS IN CUSTODY AND TWO (2) YEARS SUSPENDED FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. COUNT 2 FIVE (5) YEARS DEPARTMENT OF CORRECTIONS WITH THREE (3) YEARS IN CUSTODY AND TWO (2) YEARS SUSPENDED TO RUN CONCURRENT WITH COUNT 1 FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. COUNT 3 FIVE (5) YEARS DEPARTMENT OF CORRECTIONS WITH THREE (3) YEARS IN CUSTODY AND TWO (2) YEARS SUSPENDED TO RUN CONCURRENT WITH COUNTS 1&2 FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. RULES AND CONDITIONS SIGNED AND SPECIAL RULES AND CONDITIONS SIGNED. DEFENDANT TO REGISTER AS A SEX OFFENDER. DEFENDANT IS NOT A CITIZEN OF UNITED STATES. DEFENDANT IS A CITIZEN OF MEXICO. DEFENDANT ADVISED ENTERING A PLEA COULD AFFECT IMMIGRATION STATUS. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED. DEFENDANT ADVISED OF APPEAL RIGHTS, COMMITMENT FOR PUNISHMENT ISSUED. JUDGMENT AND SENTENCE ISSUED. RULE 8 HEARING SIGNED. DEFENDANT REQUEST IMMEDIATE TRANSPORTATION. DEFENDANT HAS A ICE HOLD.

Plaintiff's Experts:

Defendant's Experts:

Comments: