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State of Oklahoma v. Kimberly Rochelle Tiller
Case Number: CF-2017-5973
Judge: Sharon Holmes
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Donald Palik
Defendant's Attorney: Amanda Self
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Tulsa, OK - The State of Oklahoma charged Kimberly Rochelle Tiller with:
Count # 1. Count as Filed: ANC, FINANCIAL EXPLOITATION BY CARETAKER, in violation of 21 O.S. 843.1
Date of Offense: 11/12/2016
Party Name Disposition Information
TILLER, KIMBERLY ROCHELLE Disposed: DEFERRED, 06/12/2019. Guilty Plea
Count as Disposed: FINANCIAL EXPLOITATION BY CARETAKER(ANC)
Violation of 21 O.S. 843.1, which provides:
A. 1. No caretaker or other person shall abuse, commit financial neglect, neglect, commit sexual abuse, or exploit any person entrusted to the care of such caretaker or other person in a nursing facility or other setting, or knowingly cause, secure, or permit any of these acts to be done.
2. For purposes of this section, the terms, "abuse", "financial neglect", "neglect", "sexual abuse", and "exploit" shall have the same meaning as such terms are defined and clarified in Section 10-103 of Title 43A of the Oklahoma Statutes.
B. 1. Any person convicted of a violation of this section, except as provided in paragraph 2 of this subsection, shall be guilty of a felony. The violator, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victimís Protection Act. Such personís term shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.
2. Any person convicted of violating the provisions of this section by committing sexual abuse shall be guilty of a felony. The person convicted of sexual abuse shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed fifteen (15) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment, and in addition, the person shall be subject to the Elderly and Incapacitated Victimís Protection Act. Such personís imprisonment term imposed pursuant to this section shall further be subject to the provisions of Section 13.1 of this title for mandatory minimum sentencing.
C. Consent shall not be a defense for any violation of this section.
D. 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 paragraph 2 of subsection B of this section 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: 06-12-2019 DEFERRED
JUDGE SHARON HOLMES: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY AMANDA SELF. STATE/ATTORNEY GENERAL'S OFFICE REPRESENTED BY DONALD PALIK. COURT REPORTER: DEE TANNER. CASE CALLED FOR SENTENCING AFTER PRE-SENTENCING INVESTIGATION. COURT SENTENCES PER JUSTICE SAFETY VALVE ACT AND WILL NOT REQUIRE DEFENDANT TO SPEND THIRTY (30) DAYS IN CUSTODY. DEFENDANT SENTENCED AS FOLLOWS:
COUNT 1: COURT WITHHOLDS FINDING OF GUILT AND DEFERS SENTENCING FOR FIVE (5) YEARS UNTIL 6-10-2024 @ 9AM IN ROOM 506, TO BE UNDER THE SUPERVISION OF THE ATTORNEY GENERAL'S OFFICE. DEFENDANT ASSESSED COURT FUND IN THE AMOUNT OF $100.00, VICTIM'S COMPENSATION FUND IN THE AMOUNT OF $50.00, RESTITUTION IN THE AMOUNT OF $7392.60, PLUS COSTS. DEFENDANT TO MAKE $250.00/MO PAYMENT TO START WITHIN 30 DAYS.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED.