State of Oklahoma v. Theodore Andry Cook

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with unauthorized use of a credit card and attempting and prevent a witness from testifying.

21 O.S. 455 provides:

A. Every person who willfully prevents or attempts to prevent any person from giving testimony or producing any record, document or other object, who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness, or who makes a report of abuse or neglect pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his or her testimony or produce any record, document or other object, or to alter his or her testimony is, upon conviction, guilty of a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title.

B. Every person who threatens physical harm through force or fear or causes or procures physical harm to be done to any person or harasses any person or causes a person to be harassed because of testimony given by such person in any civil or criminal trial or proceeding, or who makes a report of abuse or neglect pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, is, upon conviction, guilty of a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title.

JUDGE DAWN MOODY: DEFENDANT PRESENT, NOT IN CUSTODY, AND IS REPRESENTED BY CARLA STINNETT. THE STATE IS REPRESENTED BY ERIK GRAYLESS. PLEA ELECTRONICALLY RECORDED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHTS TO JURY AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF GUILTY WITHOUT THE BENEFIT OF A RECOMMENDATION FROM THE STATE. PSI REPORT RECEIVED AND COPIES FURNISHED. VICTIM IMPACT STATEMENT RECEIVED. ARGUMENT HEARD AS TO SENTENCING. COURT ACCEPTS PLEA, COURT FINDS DEFENDANT GUILTY, DEFENDANT SENTENCED TO:

COUNT 1: TWO (2) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME SUSPENDED. DEFENDANT ASSESSED COSTS ONLY.

COUNT 2: TWO (2) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME SUSPENDED. DEFENDANT ASSESSED COSTS ONLY.

COUNT 3: TWO (2) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME SUSPENDED. DEFENDANT ASSESSED COSTS ONLY.

COUNT 4: TWO (2) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME SUSPENDED. DEFENDANT ASSESSED COSTS ONLY.

COUNTS 1-3 TO RUN CONCURRENT. COUNT 4 TO RUN CONSECUTIVE TO COUNTS 1-3. DEFENDANT TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS, COMMUNITY SENTENCING. DEFENDANT TO COMPLETE GRIEF/TRAUMA THERAPY.

DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.