Date: 04-10-2023

Case Style:

State of Oklahoma v. Issac Rabago Bolivar

Case Number: CF-2019-458

Judge: Paul Hesse

Court: In the District Court in and for Canadian County, Oklahoma.

Plaintiff's Attorney: Canadian County District Attorney's Office

Defendant's Attorney: Craig Corgan

Description: El Reno, Oklahoma criminal law lawyer represented Defendant charged with aggravated trafficking in illegal drugs in violation of 63 O.S.. 2-415(c), which provides:

C. In the case of a violation of the provisions of subsection B of this section, involving:

1. Marijuana:

a. twenty-five (25) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. one thousand (1,000) pounds or more of a mixture or substance containing a detectable amount of marijuana shall be deemed aggravated trafficking punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

2. Cocaine, coca leaves or cocaine base:

a. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00),

b. three hundred (300) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of cocaine, coca leaves or cocaine base shall be deemed aggravated trafficking punishable by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

3. Heroin:

a. ten (10) grams or more of a mixture or substance containing a detectable amount of heroin shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or

b. twenty-eight (28) grams or more of a mixture or substance containing a detectable amount of heroin shall be deemed aggravated trafficking punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be punishable by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than Two Hundred Thousand Dollars ($200,000.00),

b. two hundred (200) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine shall be deemed aggravated trafficking punishable by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

5. Lysergic acid diethylamide (LSD):

a. one (1) gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. ten (10) grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD) shall be aggravated trafficking punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00);

6. Phencyclidine (PCP):

a. twenty (20) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Twenty Thousand Dollars ($20,000.00) and not more than Fifty Thousand Dollars ($50,000.00), or

b. one hundred fifty (150) grams or more of a substance containing a mixture or substance containing a detectable amount of phencyclidine (PCP) shall be aggravated trafficking punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00);

7. Methylenedioxy methamphetamine:

a. thirty (30) tablets or ten (10) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than Twenty-five Thousand Dollars ($25,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or

b. one hundred (100) tablets or thirty (30) grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine shall be deemed aggravated trafficking punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

8. Morphine: One thousand (1,000) grams or more of a mixture containing a detectable amount of morphine shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

9. Oxycodone: Four hundred (400) grams or more of a mixture containing a detectable amount of oxycodone shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

10. Hydrocodone: Three thousand seven hundred fifty (3,750) grams or more of a mixture containing a detectable amount of hydrocodone shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00);

11. Benzodiazepine: Five hundred (500) grams or more of a mixture containing a detectable amount of benzodiazepine shall be trafficking punishable by a term of imprisonment not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00); and

12. Fentanyl and its analogs and derivatives:

a. one (1) gram or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives shall be trafficking punishable by a term of imprisonment in the custody of the Department of Corrections not to exceed twenty (20) years and by a fine of not less than One Hundred Thousand Dollars ($100,000.00) and not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or

b. five (5) grams or more of a mixture containing fentanyl or carfentanil, or any fentanyl analogs or derivatives shall be aggravated trafficking punishable by a term of imprisonment in the custody of the Department of Corrections of not less than two (2) years nor more than life and by a fine of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) and not more than Five Hundred Thousand Dollars ($500,000.00).

Outcome: 07-2023

CRT MIN. THE DEFT APPEARS BY VIDEO FROM THE CANADIAN COUNTY JAIL ALONG WITH HIS ATTY CRAIG CORGAN. THE STATE APPEARS THRU WALTER MENGDEN. THIS PLEA WAS DONE ON THE RECORD AND KRISTI WRIGHTS WAS THE COURT REPORTER. THE DEFT WAS SWORN, TESTIMONY WAS TAKEN. THE DEFT ACKNOWLEDGED THAT HE HAD GONE OVER THIS PLEA OF GUILTY SUMMARY OF FACTS AND ALL OF THE PLEA PAPERWORK WITH HIS ATTY JASON SPANICH. HE DID NOT NEED ANY FURTHER EXPLINATION OF HIS CONSTITUTIONAL RIGHTS. THE PLEA AGREEMENT OF CF-19-456 IS 20 YEARS WITH THE DEPARTMENT OF CORRECTIONS. HE IS TO SERVE 5 YEARS IN WITH THE BALANCE SUSPENDED. $50,000.00 FINE $45,000.00 OF WHICH IS SUSPENDED, $50 VCA, COURT COSTS. ON CF-22-279 THE PLEA AGREEMENT IS 20 YEARS WITH THE DEPARTMENT OF CORRECTIONS TO SERVE 5 YEARS WITH THE BALANCE SUSPENDED, $50 FINE, $50 VCA. CREDIT FOR TIME SERVED. BOTH CASES ARE TO RUN CONCURRENT. HE IS TO BE SUPERVISED BY THE DEPARTMENT OF CORRECTIONS AND HE IS TO COMPLETE THE CHANGING OFFENDER BEHAVIOR CLASS. THE DEFT ACKNOLWEDGED HIS UNDERSTANDING OF THE PLEA AND PLEADS NO CONTEST TO CF-19-456 TRAFFICKING IN ILLEGAL DRUGS AND ON CF-22-279 COUNT 1, CONVEYING INFORMATION KNOWN TO BE FALSE. THE COURT RECOGNIZES THAT THE PARTIES HAVE STIPULATED TO THE PROBABLE CAUSE AFFIDAVIT IN BOTH CASES. THE COURT ACCEPTS THE PLEA OF NO CONTEST. THE COURT ALSO ACKNOWLEDGES THE OFFER OF PROOF WRITTEN BY THE DA'S OFFICE AND THAT THE STATE BELIEVES THAT THIS RECOMMENDATION IS FAIR TO THE STATE OF OKLAHOMA. THE COURT ACCEPTS THE NO CONTEST PLEA. THE DEFT NEEDED NO FURTHER EXPLINATION OF HIS RIGHTS TO APPEAL. THE COURT ACCEPTS HIS PLEA AND EXECUTES THE SUMMARY OF FACTS ALONG WITH THE RULES AND CONDITIONS OF DOC PROBATION AND THE RULE 8 HEARING. JUDGE HALLEY

Plaintiff's Experts:

Defendant's Experts:

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