State of Oklahoma v. James Harold Kinard, Jr.

Tulsa, Oklahoma criminal defense lawyer represented the Deendant charged with CARRY OR POSSESS FIREARM BY ADJUDICATED DELINQUENT, in violation of 21 O.S. 1283 D, which provides:

D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.

JUDGE DAVID GUTEN: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY GERALD LOVOI. STATE REPRESENTED BY SIERRA SIPES. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES JURY/NON JURY TRIAL, ENTERS A PLEA OF GUILTY. DEFENDANT SENTENCED AS FOLLOWS:

COUNT 1: DEFENDANT SENTENCED TO TEN (10) YEARS IN THE DEPARTMENT OF CORRECTIONS - SUSPENDED AND UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS- PROBATION AND PAROLE. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $500.00, VICTIM'S COMPENSATION FUND IN THE AMOUNT OF $250.00, PLUS COSTS. DEFENDANT TO COMPLETE 20 COURT SERVICE HOURS. DEFENDANT TO SURRENDER ALL FIREARMS.

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