Tulsa, OK - Criminal defense lawyer Greg Lavender represented Honey Lyn West, who was charged by the State of Oklahoma with:
Count # 1. Count as Filed: ANC, NEGLECT BY CARETAKER, in violation of 21 O.S. 843.1
Date of Offense: 03/21/2017
Party Name Disposition Information
WEST, HONEY LYN Disposed: CONVICTION, 08/31/2020. Guilty Plea
Count as Disposed: NEGLECT 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: 08-31-2020 CONVICTED
JUDGE KELLY GREENOUGH: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY Greg Lavender. THE ATTORNEY GENERAL'S OFFICE IS REPRESENTED BY DON POLIK. COURT REPORTER IS ANN FITE. CASE CALLED FOR DISTRICT COURT ARRAIGNMENT. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY, WAIVES RIGHTS TO JURY, NON JURY TRIAL, COURT ACCEPTS DEFENDANTS PLEA OF GUILTY. THE COURT FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:
COUNT 1: DEFENDANT SENTENCED TO TEN (10) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST THIRTY (30) DAYS TO BE SERVED IN CUSTODY AT THE TULSA COUNTY JAIL, WITH THE REMAINING NINE (9) YEARS AND ELEVEN (11) MONTHS TO BE SUSPENDED. DEFENDANT ASSESSED $500.00 FINE; $250.00 VICTIM'S COMPENSATION; PLUS COSTS.
DEFENDANT TO BE UNDER DOC SUPERVISION. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND JUDGEMENT AND SENTENCE ISSUED.
1 WEST, HONEY LYN