Date: 10-10-2013

Case Style: State of Oklahoma v. Joshua Dailey

Case Number: CF-2012-1749

Judge: William Kellough

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Erik Grayless

Defendant's Attorney: David Phillips, Public Defenders' Office

Description: The State of Oklahoma charged Joshua Dailey, age 20, with conspiracy to commit robbery in violation of 21 O.S. 421; feloniously pointing a firearm in violation of 21 O.S. 1289.16; kidnapping in violation of 21 O.S. 741; and robbery with a firearm in violation of 21 O.S. 801 as a result of a robbery outside a Walgreen's store in the 1400 block of North Lewis in Tulsa, Oklahoma on April 7, 2012.

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Title 21 O.S. Section 421 provides:

A. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding; or

4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,

5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.

B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony.

C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such fine and imprisonment.

Title 21 O.S. 801 provides:

Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same.

Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.

Title 21 O.S. 1289.16 provides:


It shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, members of the state military forces in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in defense of any person, one's home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.

Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to 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.

Title 21 O.S. Section 741 provides:


Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either:

1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or

2. To cause such other person to be sent out of this state against the will of the other person; or

3. To cause such person to be sold as a slave, or in any way held to service against the will of such person,

shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.

Except for persons sentenced to life or life without parole, on and after the effective date of this act, any person sentenced to imprisonment for a violation of this section and the offense involved sexual abuse or sexual exploitation, shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

Outcome: Defendant pleaded guilty conspiracy to commit armed robbery and armed robbery and no contest to four other felony counts and was sentenced to 15 years in prison.

JUDGE WILLIAM C. KELLOUGH. DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY DAVID PHILLIPS. STATE REPRESENTED BY ERIK GRAYLESS. COURT REPORTER IS CARRIE SLOAN. CASE CALLED FOR FINDING & SENTENCING. COURT FINDS DEFENDANT GUILTY. COUNT 1 - TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 2, COUNT 5, COUNT 6, COUNT 7, & COUNT 8. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT, $250.00 PRE-SENTENCE INVESTIGATION FEE. COUNT 2 - FIFTEEN (15) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 1, COUNT 5, COUNT 6, COUNT 7, & COUNT 8. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT. COUNT 5 - TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 1, COUNT 2, COUNT 6, COUNT 7, & COUNT 8. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT. COUNT 6 - TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 1, COUNT 2, COUNT 5, COUNT 7, & COUNT 8. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT. COUNT 7 - FIFTEEN (15) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 1, COUNT 2, COUNT 5, COUNT 6, & COUNT 8. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT. COUNT 8 - FIFTEEN (15) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED & EARNED, TO RUN CONCURRENT WITH COUNT 1, COUNT 2, COUNT 5, COUNT 6, & COUNT 7. $600.00 FINE, $150.00 VICTIM'S COMPENSATION ASSESSMENT. UPON RELEASE FROM SUCH CONFINEMENT, THE DEFENDANT SHALL SERVE A TERM OF POST-IMPRISONMENT SUPERVISION, UNDER CONDITIONS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS, FOR A PERIOD OF ONE (1) YEAR. DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND JUDGEMENT & SENTENCE ISSUED. BOND EXONERATED. COMMITMENT ISSUED TO JAIL.

Plaintiff's Experts:

Defendant's Experts:

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