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Date: 04-23-2024

Case Style:

State of Oklahoma v. Nicholas Dewayne Fuson

Case Number: CF-2024-3

Judge: J. Jeffrey Payton

Court: District Court, Adair County, Oklahoma

Plaintiff's Attorney: Adair County Oklahoma District Attorney's Office

Defendant's Attorney: Scott Hickman

Description: Stilwell, Oklahoma criminal defense lawyer represented the Defendant charged with production, possession and distribution of juvenile pornography in violation of 21 O.S. 1021.2, which provides:

A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection 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.

Count # 1.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 06/30/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 2.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 10/06/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 3.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 10/29/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 4.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 10/31/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 5.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 12/18/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 6.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 12/18/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 7.
Count as Filed: CHPM, PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY, in violation of 21 O.S. 1021.2
Date of Offense: 12/18/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: PORNOGRAPHY- PROCURE/ PRODUCE/ DISTRIBUTE/ POSSESS JUVENILE PORNOGRAPHY(CHPM)
Violation of 21 O.S. 1021.2
Count # 8.
Count as Filed: CHPA, AGGRAVATED POSSESSION OF CHILD PORNOGRAPHY, in violation of 21 O.S. 1040.12a
Date of Offense: 06/30/2023
FUSON, NICHOLAS DEWAYNE
Disposed: CONVICTION, 04/23/2024. Nolo Contendere Plea
Count as Disposed: AGGRAVATED POSSESSION OF CHILD PORNOGRAPHY(CHPA)
Violation of 21 O.S. 1040.12a

Outcome: 04-23-2024 CONVICTED


L. ELIZABETH BROWN , JUDGE: CASE DISPOSED. CONVICTION. 04-23-2024

TWENTY YEARS WITH 15 YEARS IN DOC AND 5 YEARS SUSPENDED
ALL COUNTS TO RUN CONCURRENT
CREDIT FOR TIME SERVED FROM 10-28-2023 TO 04-23-2024
VCA $100

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Defendant's Experts:

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