State of Oklahoma v. Jonathan Ace Miller

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with possession of a firearm AFCF, possession of controlled drug in jail, endangering others by eluding a police officer, and driving while suspended.

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 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 sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.

21 O.S 1284 which provides:

Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years.

21 O.S. 1287.1

Penalty Enhancement for Weapon Possession

Any person who, while committing or attempting to commit a crime of violence, discharges a firearm, in addition to the penalty provided by statute for the crime of violence committed or attempted, upon conviction, may be charged, in the discretion of the district attorney, with an additional felony for possessing such weapon, which shall be a separate offense punishable, upon conviction, by not less than ten (10) years in the custody of the Department of Corrections which may be served concurrently with the sentence for the crime of violence. For purposes of this section, "crime of violence" means an offense that is a felony and has as an element of the offense, the use, attempted use, or threatened use of physical force against the person of another or that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense. For purposes of this section, "firearm" means a rifle, pistol or shotgun.

26-2026 CONVICTED


JUDGE SHARON HOLMES: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY KATE HUNTER PD. STATE REPRESENTED BY LUKE THOMPSON. COURT REPORTER: LIZ JONES. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL / NON-JURY TRIAL AND ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:

COUNT 1) TEN (10) YEARS DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. DEFENDANT TO PAY COURT COSTS.
COUNT 2) TEN (10) YEARS DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. DEFENDANT TO PAY COURT COSTS.
COUNT 3) TEN (10) YEARS DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. DEFENDANT TO PAY COURT COSTS.
COUNT 4) $10.00 FINE.
COUNTS RUN CONCURRENTLY WITH CREDIT FOR TIME SERVED AND EARNED. CASE RUNS CONCURRENTLY WITH CREEK CO CASE CF-20-537

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. RELEASE AND COMMITMENT FOR PUNISHMENT ISSUED.