State of Oklahoma v. Marcus Geuruell Stokes, Sr.

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with child endangerment in violation of 21 O.S. 851.1 and driving under the influence of alcohol-second offense in violation of 47 O.S. 11-902(A)(2), which provides:

A. It is unlawful and punishable as provided for in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley, or lane which provides access to one or more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine, or any other bodily fluid at the time of a test of such person’s blood, saliva, urine, or any other bodily fluid;

4. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph; or

5. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle. The timing requirement for the administration of tests pursuant to Section 756 of this title shall not apply to this paragraph.

Reported by: Kent Morlan

JUDGE TRAVIS HORTON: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY IAN SHAHAN. STATE REPRESENTED BY ZACK MANLEY. 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: DEFENDANT SENTENCED TO THREE (3) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED AND EARNED. COURT WAIVES FINES AND COSTS.

COUNT 2: DEFENDANT SENTENCED TO THREE (3) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED AND EARNED. COURT WAIVES FINES AND COSTS.

COUNT 3: COURT WAIVES FINES AND COSTS.

COUNT 4: COURT WAIVES FINES AND COSTS.

TERM TO BE SERVED AS FOLLOWS:
ALL COUNTS TO RUN CONCURRENTLY.

DEFENDANT RECEIVES CREDIT FOR TIME SERVED AND EARNED.