State of Oklahoma v. Dillon OCO Foster

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with unlawful possession of controlled substance, in violaiion of 63 O.S. 2-402B, and unlawful possession of drug paraphernalia, in violation 63 O.S. 2-405.

63 O.S. 2-402 provides:

B. 1. Any person who violates this section is guilty of a misdemeanor punishable by confinement for not more than one (1) year and by a fine not exceeding One Thousand Dollars ($1,000.00).

2. Any person who violates this section a second time within ten (10) years, upon conviction, shall be guilty of a misdemeanor. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to one (1) year following the date of conviction in lieu of other punishments. At the discretion of the court, the diversion program may include drug testing as a requirement. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the court may impose punishment as provided for in paragraph 1 of this subsection. The provisions of this paragraph shall not apply to violations related to the possession of marijuana.

3. Any person who violates this section a third time within ten (10) years shall, upon conviction, be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), imprisonment in the county jail for a minimum of thirty (30) days, or by both such fine and imprisonment. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to three (3) years following the date of conviction. At the discretion of the court, the diversion program may include drug testing as a requirement. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the court may impose punishment as provided for in paragraph 1 of this subsection. The provisions of this paragraph shall not apply to violations related to the possession of marijuana.

4. a. Any person who violates this section a fourth time within ten (10) years shall, upon conviction, be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, or by both such fine and imprisonment.

b. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt of a violation of this paragraph, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a three-year period. The court may, with the consent of the defendant, order the defendant to complete a substance abuse assessment and evaluation and to complete a diversion program for up to three (3) years.

c. Upon successful completion of the court-ordered substance abuse assessment and evaluation and diversion program within the time prescribed, the felony charge shall be changed to a misdemeanor. If the defendant refuses or fails to complete the assessment and evaluation or diversion program, the court may impose punishment as provided for in subparagraph a of this paragraph.

d. The provisions of this paragraph shall not apply to violations related to the possession of marijuana.

2-2026 DEFERRED


JUDGE KASEY BALDWIN DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY PATRICK WEIGANT. STATE REPRESENTED BY SYDNEY CASEBOLT. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT CONFESSES TO STATE MOTION TO TERMINATE. DEFENDANT ENTERS A PLEA OF GUILTY, DEFENDANT PREVIOUSLY WAIVED RIGHTS TO JURY, NON-JURY TRIAL, COURT ACCEPTS PLEA, COURT FINDS DEFENDANT GUILTY, DEFENDANT SENTENCED TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR ONE (1) YEAR UNTIL 10/8/2027 AT 9:00AM IN ROOM 158. DEFENDANT COSTS ONLY.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR ONE (1) YEAR UNTIL 10/8/2027 AT 9:00AM IN ROOM 158. DEFENDANT COSTS ONLY.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER AND WITH. CF-26-3895, CF-22-3539, CF-23-2373, AND CM-20-1987.
OFFENDER SUBJECT TO OBN METHAMPHETAMINE REGISTRY.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. RELEASE ISSUED.