Date: 02-10-2014

Case Style: State of Oklahoma v. Jarvis Vedahl Price

Case Number: CF-2012-4339

Judge: Tom Gillert

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Kevin Gray

Defendant's Attorney: Kevin Adams

Description: Tulsa, OK - Criminal defense lawyer Kevin Adams represented Jarivs Vedhl Prince who was charged with:

Count as Filed: ABDGR, USE OF A VEHICLE IN DISCHARGE OF A WEAPON , in violation of 21 O.S. 652 B
Date Of Offense: 09/21/2012

Party Name: Disposition Information:

PRINCE, JARVIS VEDAHL
Disposed: CONVICTION, 02/10/2014. Guilty Plea.
Count as Disposed:AMENDED TO CONSPIRCY TO COMMIT A FELONY (OPJ)
Violation of 21 O.S. 421

Count as Filed: DU4, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 09/21/2012

Party Name: Disposition Information:

PRINCE, JARVIS VEDAHL
Disposed: CONVICTION, 02/10/2014. Guilty Plea.
Count as Disposed:UNLAWFUL POSSESSION OF CONTROLLED DRUG (DU4)
Violation of 63 O.S. 2-402

Title 63 O.S. 2-402 provides:

A. 1. It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his or her professional practice, or except as otherwise authorized by this act.

2. It shall be unlawful for any person to purchase any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act pursuant to Section 2-313 of this title in an amount or within a time interval other than that permitted by Section 2-313 of this title.

3. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered:

a. the packaging of the product,

b. the name of the product, and

c. the distribution and promotion of the product, including verbal representations made at the point of sale.

B. Any person who violates this section with respect to:

1. Any Schedule I or II substance, except marihuana or a substance included in subsection D of Section 2-206 of this title, is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00). A second or subsequent violation of this section with respect to Schedule I or II substance, except marijuana or a substance included in subsection D of Section 2-206 of this title, is a felony punishable by imprisonment for not less than four (4) years nor more than twenty (20) years and by a fine not exceeding Ten Thousand Dollars ($10,000.00);

2. Any Schedule III, IV or V substance, marihuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act is guilty of a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00);

3. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, during the period of any court-imposed probationary term or within ten (10) years of the date following the completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years and by a fine not exceeding Five Thousand Dollars ($5,000.00); or

4. Any Schedule III, IV or V substance, marijuana, a substance included in subsection D of Section 2-206 of this title, or any preparation excepted from the provisions of the Uniform Controlled Dangerous Substances Act and who, ten (10) or more years following the date of completion of the execution of any sentence or deferred judgment for a violation of this section, commits a second or subsequent violation of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years and by a fine not exceeding Five Thousand Dollars ($5,000.00).

C. Any person who violates any provision of this section by possessing or purchasing a controlled dangerous substance from any person, in or on, or within one thousand (1,000) feet of the real property comprising a public or private elementary or secondary school, public vocational school, public or private college or university, or other institution of higher education, recreation center or public park, including state parks and recreation areas, or in the presence of any child under twelve (12) years of age, shall be guilty of a felony and punished by:

1. For a first offense, a term of imprisonment, or by the imposition of a fine, or by both, not exceeding twice that authorized by the appropriate provision of this section. In addition, the person shall serve a minimum of fifty percent (50%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence; or

2. For a second or subsequent offense, a term of imprisonment not exceeding three times that authorized by the appropriate provision of this section and the person shall serve a minimum of ninety percent (90%) of the sentence received prior to becoming eligible for state correctional institution earned credits toward the completion of said sentence, and imposition of a fine not exceeding Ten Thousand Dollars ($10,000.00).

D. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of this title.

Title 21 O.S. 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.

Outcome: 03-28-2013 CONVICTED 1 SMITH, DEONTE RAESHAUN 85002739 Apr 2 2013 4:24:24:617PM - $ 0.00
JUDGE TOM GILLERT: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY STEVE HIGHTOWER. STATE REPRESENTED BY KEVIN GRAY. COURT REPORTER JANA HARRINGTON, IS PRESENT. CASE CALLED FOR SENTENCING. REPORTS RECEIVED AND COPIES FURNISHED TO PARTIES. DEFENDANT PREVIOUSLY ADVISED OF RIGHTS; DEFENDANT PREVIOUSLY ENTERED A PLEA OF GUILTY ; COURT ACCEPTED THE GUILTY PLEA AND FOUND THE DEFENDANT GUILTY. DEFENDANT TO TWENTY (20) YEARS IN .DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $600.00; $150.00 VCA AND COURT COSTS.
COUNT TWO DEFENDANT TO TEN (10) YEARS IN .DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $600.00; $150.00 VCA AND COURT COSTS.
COUNT FOUR DEFENDANT SENTENCED TO ONE YEAR IN TULSA COUNTY JAIL. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $325; $75.00 VCA AND COURT COST.
COURT SET JUDICIAL REVIEW 3/4/2014 AT 9:30 AM ROOM 406. ALL COUNTS ARE ORDERED TO RUN CONCURRENT WITH EACH OTHER . DEFENDANT REQUESTED IMMEDIATE TRANSPORT.

DEFENDANT EXECUTES RULE 8 FORM. DEFENDANT ADVISED OF APPEAL RIGHTS. BOND EXONERATED. JUDGMENT AND SENTENCE ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: