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Date: 07-31-2014
Case Style: State of Oklahoma v. Chance Ethan Oswalt
Case Number: CF-2012-5902
Judge: David Youll
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Tammy Westcott
Defendant's Attorney: Austin Bond
Description: State of Oklahoma v. Chance Ethan Oswalt
Count # 1.
Count as Filed: DU8I, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402 which 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.
Count # 2.
Count as Filed: DR3, POSSESSION OR SELLING OF PARAPHERNALIA , in violation of 63 O.S. 2-405 which provides:
A. No person shall use tincture of opium, tincture of opium camphorated, or any derivative thereof, by the hypodermic method, either with or without a medical prescription therefor.
B. No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
C. No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.
D. Any person eighteen (18) years of age or over who violates subsection C of this section by delivering or selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony.
E. Any person who violates subsections A, B or C of this section shall, upon conviction, be guilty of a misdemeanor punishable as follows:
1. For a first offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both such fine and imprisonment;
2. For a second offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment; and
3. For a third or subsequent offense the person shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment.
F. 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 1-2522 of this title.
The Date Of Offense was: 12/24/2012
(COUNT 1)
63 O.S. 2-462
CHANCE ETHAN OSWALT, on or about 12/24/2012, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of UNLAWFUL POSSESSION OF CONTROLLED DRUG, a Felony, by unlawfully, feloniously, willfully, knowingly and intentionally have in his possession and under his control Heroin said drug being classified as a controlled dangerous substance in Schedule I of the Uniform Controlled Dangerous Substances Act of this State,
(COUNT 2)
63 0.5. 2-405
CHANCE ETHAN OSWALT, on or about 12/24/2012, in Tulsa County, State of Oklahoma and within thejurisdiction of this Court, did commit the crime of UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA, a Misdemeanor, by unlawfully, willfully and wrongfully have in his possession and under his immediate control certain paraphernalia, to-wit: syringes, spoons, and a glass pipe used by abusers of drugs classified as controlled dangerous substances under the Uniform Controlled Dangerous Substances Act of this State, and for the purpose and with the unlawful intent to administer such controlled dangerous substances without having any medical or other lawful need requiring possession of said paraphernalia,
Outcome: 07-31-2013 CTFREE - OSWALT, CHANCE ETHAN 86257209 Jul 31 2013 4:39:12:450PM - $ 0.00
JUDGE YOULL: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY AUSTIN BOND. STATE REPRESENTED BY TAMMY WESTCOTT. COURT REPORTER IS WAIVED. CASE CALLED FOR DISPOSITION. DISPOSITION HELD. DEFENDANT ADVISED OF RIGHTS AND SWORN IN OPEN COURT. DEFENDANT WAIVES PRELIMINARY HEARING, JURY, NON JURY, AND SPEEDY TRIAL RIGHTS. DEFENDANT ENTERS PLEA OF GUILTY. COURT ACCEPTS DEFENDANT'S GUILTY PLEA, WITHHOLDS FINDING OF GUILT, AND SETS SENTENCING REVIEW FOR 07/22/2016 AT 1:45PM ROOM 329. DEFENDANT TO BE UNDER THE SUPERVISION OF HUMAN SKILLS AND RESOURCES. TREATMENT TO BE PROVIDED BY VETERAN'S ASSOCIATION WITH REVIEW SET FOR 08/05/2013 AT 3:00PM ROOM 329 BEFORE JUDGE NIGHTINGALE. DEFENDANT ADVISED OF APPEAL RIGHTS. BOND EXONERATED. ORAL PR BOND ISSUED. DEFENDANT RECOGNIZED BACK BY COURT FOR REVIEW.
Plaintiff's Experts:
Defendant's Experts:
Comments: