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Violation of 21 O.S. 1592:

A. Every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which has previously been declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is punishable as follows:

1. If the value of the instrument is less than One Thousand Dollars ($1,000.00), the person shall be guilty of forgery as a misdemeanor punishable by imprisonment in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the value of the instrument is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed two (2) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

3. If the value of the instrument is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; and

4. If the value of the instrument is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of forgery as a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

B. For purposes of this section, a series of offenses may be aggregated into one offense when they are the result of the formulation of a plan or scheme or the setting up of a mechanism which, when put into operation, results in the taking or diversion of money or property on a recurring basis. When all acts result from a continuing course of conduct, they may be aggregated into one crime. Acts forming an integral part of the first taking which facilitate subsequent takings, or acts taken in preparation of several takings which facilitate subsequent takings, are relevant to determine the intent of the party to commit a continuing crime.

Outcome: 06-23-2020 CONVICTED

CLIFFORD J. SMITH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY COUNCIL. STATE REPRESENTED BY GINNY JOHNSON. COURT REPORTER: TAISHA IRONS. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS GUILTY PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:

COUNT 1) DEFENDANT SENTENCED TO THREE (3) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.

COUNT 2) DEFENDANT SENTENCED TO THREE (3) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.

ALL COUNTS TO RUN CONCURRENT, CASE TO RUN CONCURRENT WITH CF-20-969 AND CF-17-3482.

THE COURT ORDERS IMMEDIATE TRANSPORTATION TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.

DEFENDANT IS GIVEN 180 DAYS AFTER RELEASE TO REPORT TO COST ADMINISTRATION FOR A PAYMENT PLAN.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.
1 HALL, JAMES DALE

Plaintiff's Experts:

Defendant's Experts:

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