State of Oklahoma v. Yurida Arely Mendez

Tulsa, Oklahoma, criminal defense lawyer Robbi Barker represented the Defendant charged with assault and battery upon a police officer in violation of 21 O.S. 649.B, and assault and battery in violation of 21 O.S. 644.B.

Title 21 O.S. 649:

B. Every person who, without justifiable or excusable cause knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer employed or duly appointed by any state governmental agency to enforce state laws while the officer is in the performance of his or her duties, upon conviction, shall be guilty of a Class B5 felony offense punishable by imprisonment in the custody of the Department of Corrections of not more than five (5) years or county jail for a period not to exceed one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

Title 21 O.S. 644:

A. Assault shall be punishable by imprisonment in a county jail not exceeding ninety (90) days, or by a fine not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

B. Assault and battery shall be punishable by imprisonment in a county jail not exceeding six (6) months, or by a fine not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

JUDGE APRIL SEIBERT: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY ROBBI BARKER. STATE REPRESENTED BY DANNY ANSON. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT. CASE CALLED FOR PRELIMINARY HEARING ISSUE. DEFENDANT WAIVES RIGHTS TO PRELIMINARY HEARING, JURY TRIAL, AND NON-JURY TRIAL. DEFENDANT ENTERS A PLEA OF NO CONTEST. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) AMENDED TO OBSTRUCTION: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR SIX (6) MONTHS UNTIL 1-8-2027 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED $300.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

COUNT 2) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR SIX (6) MONTHS UNTIL 1-8-2027 AT 9:00AM IN ROOM 158. DEFENDANT ASSESSED $300.00 COURT FUND, $150.00 VICTIMS COMPENSATION ASSESSMENT, PLUS COSTS.

DEFENDANT TO BE UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT ORDERED TO OBTAIN A DRUG AND ALCOHOL ASSESSMENT WITHIN FORTY-FIVE (45) DAYS AND FOLLOW ALL RECOMMENDATIONS. DEFENDANT ORDERED TO ATTEND ANGER MANAGEMENT. BOTH COUNTS TO RUN CONCURRENT WITH EACH TOHER.

DEFENDANT ADVISED OF APPEAL RIGHTS. DEFENDANT ASSESSED COURT COSTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.