State of Oklahoma v. Daniel Perez

Tulsa, Oklahoma criminal defense lawyers Michael French and Kent Morlan represented the Defendant charged with lewd molestation in violation of 21 O.S. 1123(A), which provides:

A. It is a felony for any person to knowingly and intentionally:

1. Make any oral, written or electronically or computer-generated lewd or indecent proposal to any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, for the child to have unlawful sexual relations or sexual intercourse with any person;

2. Look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any lewd or lascivious manner by any acts against public decency and morality, as defined by law;

3. Ask, invite, entice, or persuade any child under sixteen (16) years of age, or other individual the person believes to be a child under sixteen (16) years of age, to go alone with any person to a secluded, remote, or secret place, with the unlawful and willful intent and purpose then and there to commit any crime against public decency and morality, as defined by law, with the child;

4. In any manner lewdly or lasciviously look upon, touch, maul, or feel the body or private parts of any child under sixteen (16) years of age in any indecent manner or in any manner relating to sexual matters or sexual interest; or

5. In a lewd and lascivious manner and for the purpose of sexual gratification:

a. urinate or defecate upon a child under sixteen (16) years of age, or force or require a child to defecate or urinate upon the body or private parts of another, or for the purpose of sexual gratification,

b. ejaculate upon or in the presence of a child,

c. cause, expose, force or require a child to look upon the body or private parts of another person,

d. force or require any child under sixteen (16) years of age or other individual the person believes to be a child under sixteen (16) years of age, to view any obscene materials, child sexual abuse material or materials deemed harmful to minors as such terms are defined by Sections 1024.1 and 1040.75 of this title,

e. cause, expose, force or require a child to look upon sexual acts performed in the presence of the child, or

f. force or require a child to touch or feel the body or private parts of the child or another person.

Any person convicted of any violation of this subsection shall be punished by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years, except when the child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years. The provisions of this subsection shall not apply unless the accused is at least three (3) years older than the victim, except when accomplished by the use of force or fear. Except as provided in Section 51.1a of this title, any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony punishable as provided in this subsection and shall not be eligible for probation, suspended or deferred sentence. Except as provided in Section 51.1a of this title, any person convicted of a third or subsequent violation of this subsection shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of life or life without parole, in the discretion of the jury, or in case the jury fails or refuses to fix punishment then the same shall be pronounced by the court. Any person convicted of a violation of this subsection after having been twice convicted of a violation of subsection A of Section 1114 of this title, Section 888 of this title, sexual abuse of a child pursuant to Section 843.5 of this title, or of any attempt to commit any of these offenses or any combination of convictions pursuant to these sections shall be punished by imprisonment in the custody of the Department of Corrections for a term of life or life without parole.

JUDGE DAWN MOODY: DEFENDANT PRESENT, IN CUSTODY, AND IS REPRESENTED BY MICHAEL FRENCH AND KENT MORLAN. THE STATE IS REPRESENTED BY PAIGE PHILLIPS. COURT REPORTER, LISA FOSTER IS PRESENT. INTERPRETER PILAR POST IS PRESENT. ORDER FOR INTERPRETER SIGNED. CASE CALLED FOR SENTENCING AFTER BLIND PLEA AND PSI. REPORTS RECEIVED; COPIES FURNISHED TO PARTIES. FINDING AND SENTENCING HELD. ARGUMENT HEARD AS TO SENTENCING. THE COURT FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED TO:
COUNT 1: TWENTY-FIVE (25) YEARS IN THE DEPARTMENT OF CORRECTIONS.

COUNT 2: TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS.

THE COURT WAIVES ALL FINES AND COSTS IN THIS CASE. ALL COUNTS TO RUN CONCURRENT. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED. DEFENDANT ADVISED OF 85% RULE. OFFENDER SUBJECT TO SEX OFFENDER REGISTRATION.

UPON RELEASE FROM SUCH CONFINEMENT, THE DEFENDANT SHALL SERVE A TERM OF POST-IMPRISONMENT SUPERVISION, UNDER CONDITIONS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS, FOR A PERIOD OF AT LEAST THREE (3) YEARS.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. JUDGMENT & SENTENCE ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL.