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Date: 08-14-2019
Case Style:
State of Oklahoma v. Joseph Clyde Smith
Case Number: CF-2019-3496
Judge: J. Anthony Miller
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Virginia Lynn (Ginny) Johnson
Defendant's Attorney: Richard Koller
Description:
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Tulsa, OK - The State of Oklahoma charged Joseph Clyde Smith with:
Count # 1. Count as Filed: ARS, ARSON - 2ND DEGREE, in violation of 21 O.S. 1402
Date of Offense: 07/20/2019
Party Name Disposition Information
SMITH, JOSEPH CLYDE Disposed: CONVICTION, 08/14/2019. Guilty Plea
Count as Disposed: ARSON - 2ND DEGREE(ARS)
Violation of 21 O.S. 1402
Any person who willfully and maliciously sets fire to or burns or by the use of any explosive device or substance or while manufacturing or attempting to manufacture a controlled dangerous substance in violation of subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes destroys in whole or in part, or causes to be burned or destroyed, or aids, counsels or procures the burning or destruction of any uninhabited or unoccupied building or structure or contents thereof, whether the property of himself or another, shall be guilty of arson in the second degree, which is a felony, and upon conviction thereof shall be punished by a fine not to exceed Twenty Thousand Dollars ($20,000.00) or be confined in the State Penitentiary for not more than twenty-five (25) years or both.
Count # 2. Count as Filed: ARS, ENDANGERING HUMAN LIFE DURING ARSON, in violation of 21 O.S. 1405
Date of Offense: 07/20/2019
Party Name Disposition Information
SMITH, JOSEPH CLYDE Disposed: CONVICTION, 08/14/2019. Guilty Plea
Count as Disposed: ENDANGERING HUMAN LIFE DURING ARSON(ARS)
Violation of 21 O.S. 1405
Any person violating any of the provisions of Sections 1401, 1402 ,1403 or 1404 of this title who during such violation endangers any human life, including all emergency service personnel, shall be guilty of a felony upon conviction shall be punished by imprisonment in the State Penitentiary for not less than three (3) years nor more than ten (10) years, or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or both. If personal injury results, the person shall be punished by imprisonment in the State Penitentiary for not less than seven (7) years.
Outcome: 08-14-2019 CONVICTED
MILLER, J. ANTHONY: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY RICHARD KOLLER. STATE REPRESENTED BY GINNY JOHNSON. DEFENDANT SWORN IN OPEN COURT, WAIVES PRELIMINARY HEARING PLEADS GUILTY TO ARSON - 2ND DEGREE, 21 O.S. 1402, PRIOR CONVICTIONS, OFFENSE DATE 7/20/19. PRIOR CONVICTIONS TULSA COUNTY CASES CF-2006-311, CF-2006-213, AND CF-2006-214. THE COURT FINDS THE DEFENDANT GUILTY AND SENTENCES SAID DEFENDANT TO TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED A $600.00 FINE, $150.00 VICTIM'S COMPENSATION, PLUS COSTS.
COUNT 2: DEFENDANT PLEADS GUILTY TO ENDANGERING HUMAN LIFE DURING ARSON, 21 O.S. 1405, PRIOR CONVICTIONS, OFFENSE DATE 7/20/19. PRIOR CONVICTIONS TULSA COUNTY CASES CF-2006-213, CF-2006-214, AND CF-2006-311. THE COURT FINDS THE DEFENDANT GUILTY AND SENTENCES SAID DEFENDANT TO TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED A $600.00 FINE, $150.00 VICTIM'S COMPENSATION, PLUS COSTS.
COUNTS 1 AND 2 TO RUN CONCURRENTLY. THIS CASE TO RUN CONCURRENTLY WITH CF-2006-213, CF-2006-214, AND CF-2006-311. DEFENDANT EXECUTES RULE 8 FORM. THE COURT WAIVES ALL FINES, ASSESSMENTS, AND COURT COSTS. DEFENDANT ADVISED OF APPEAL RIGHTS. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL. JUDGMENT AND SENTENCE ISSUED.
1 SMITH, JOSEPH
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