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Date: 05-21-2021
Case Style:
Case Number: CF-2020-4128
Judge: CF Docket E
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal defense lawyer represented Defendant, charged with:
Count # 1. Count as Filed: OWPN, POSSESSION OF A FIREARM AFCF, in violation of 21 O.S. 1283
Date of Offense: 09/17/2020
Party Name Disposition Information
RICE, DUSTIN RAY Disposed: CONVICTION, 05/21/2021. Guilty Plea
Count as Disposed: POSSESSION OF A FIREARM AFCF(OWPN)
Violation of 21 O.S. 1283, which provides:
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act or as otherwise permitted by law, and the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
H. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length.
I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.
Count # 2. Count as Filed: RCSP, KNOWINGLY POSSESSING/RECEIVING/CONCEALING STOLEN PROPERTY, in violation of 21 O.S. 1713
Date of Offense: 09/17/2020
Party Name Disposition Information
RICE, DUSTIN RAY Disposed: CONVICTION, 05/21/2021. Guilty Plea
Count as Disposed: KNOWINGLY POSSESSING/RECEIVING/CONCEALING STOLEN PROPERTY(RCSP)
Violation of 21 O.S. 1713, which provides:
e value of the personal property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment;
2. If the value of the personal property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment; or
3. If the value of the personal property is Fifteen Thousand Dollars ($15,000.00) or more, the person may be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, or by a fine not to exceed Five Hundred Dollars ($500.00), or by both such imprisonment and fine.
B. If the personal property that has been stolen, embezzled, obtained by false pretense or robbery has a value of less than One Thousand Dollars ($1,000.00), the person shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term not to exceed six (6) months.
C. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.
Outcome: 05-21-2021 CONVICTED
JUDGE CLIFFORD J. SMITH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY BRIAN DEER (PD) STATE REPRESENTED BY SHELBY LIMBURG. COURT REPORTER WAIVED AND DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHT TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:
COUNT 1) FOUR YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED AND EARNED. DEFENDANT ASSESSED $500.00 FINE, $250.00 VCA, PLUS COSTS
COUNT 2) ONE YEAR IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED AND EARNED. DEFENDANT ASSESSED $150.00 FINE, $150.00 VCA, PLUS COSTS.
COUNT TWO IS AMENDED TO KCSP
CASE TO RUN CONCURRENT WITH CF-2020-4128 CF-21-324, CM-20-4315 AND CF-2019-1436
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. COMMITMENT ISSUED. BOND EXONERATED
Plaintiff's Experts:
Defendant's Experts:
Comments: