State of Oklahoma v. Adrien Antoine Anderson

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with:

PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED - SECOND OFFENSE, in violation of 47 O.S. 11-902.C2

UNLAWFUL POSSESSION OF CONTROLLED DRUG, in violation of 63 O.S. 2-402(A)(1)

RESISTING AN OFFICER, in violation of 21 O.S. 268

47 O.S. 11-902.C.2 provides:

2. Any person who, having been convicted of or having received deferred judgment for a violation of this section or a violation pursuant to the provisions of any law of this state or another state prohibiting the offenses provided in this section, Section 11-904 of this title, or paragraph 4 of subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes, or having a prior conviction in a municipal criminal court of record for the violation of a municipal ordinance prohibiting the offense provided for in this section, commits a subsequent violation of this section within ten (10) years of the date following the completion of the execution of such sentence or deferred judgment shall, upon conviction, be guilty of a Class C2 felony offense and shall participate in an assessment and evaluation pursuant to subsection H of this section and shall be sentenced to:

a. follow all recommendations made in the assessment and evaluation for treatment at the defendant’s expense,

b. use of an ignition interlock device, as provided by subparagraph n of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes,

c. imprisonment as provided for in subsections B through F of Section 20M of Title 21 of the Oklahoma Statutes, and

d. a fine not more than Two Thousand Five Hundred Dollars ($2,500.00).

However, if the treatment in subsection H of this section does not include residential or inpatient treatment for a period of not less than five (5) days, the person shall serve a term of imprisonment of at least five (5) days.

H. Any person who is found guilty of a violation of the provisions of this section shall be ordered to participate in an alcohol and drug substance abuse evaluation and assessment program offered by a certified assessment agency or certified assessor for the purpose of evaluating and assessing the receptivity to treatment and prognosis of the person and shall follow all recommendations made in the assessment and evaluation for treatment. The court shall order the person to reimburse the agency or assessor for the evaluation and assessment. Payment shall be remitted by the defendant or on behalf of the defendant by any third party, provided no state-appropriated funds are utilized. The fee for an evaluation and assessment shall be the amount provided in subsection C of Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation and assessment shall be conducted at a certified assessment agency, the office of a certified assessor, or at another location as ordered by the court. The agency or assessor shall, within seventy-two (72) hours from the time the person is evaluated and assessed, submit a written report to the court for the purpose of assisting the court in its sentencing determination. The court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to participate in and successfully complete all recommendations from the evaluation, such as an alcohol and substance abuse treatment program pursuant to Section 3-452 of Title 43A of the Oklahoma Statutes. If such report indicates that the evaluation and assessment shows that the defendant would benefit from a ten-hour or twenty-four-hour alcohol and drug substance abuse course or a treatment program or both, the court shall, as a condition of any sentence imposed, including deferred and suspended sentences, require the person to follow all recommendations identified by the evaluation and assessment and ordered by the court. No person, agency, or facility operating an evaluation and assessment program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated and assessed pursuant to this section for any treatment program or substance abuse service in which such person, agency, or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or substance abuse service offered by such person, agency, or facility. If a person is sentenced to imprisonment in the custody of the Department of Corrections and the court has received a written evaluation report pursuant to the provisions of this subsection, the report shall be furnished to the Department of Corrections with the judgment and sentence. Any evaluation and assessment report submitted to the court pursuant to the provisions of this subsection shall be handled in a manner which will keep such report confidential from the general public’s review. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment required by this subsection. If the defendant fails or refuses to comply with an order of the court to obtain the evaluation and assessment, Service Oklahoma shall not reinstate driving privileges until the defendant has complied in full with such order. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence and any other sanction authorized by law for failure or refusal to comply with an order of the court.

JUDGE DAVID GUTEN: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY SYDNEY CASEBOLT. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES RIGHT TO JURY TRIAL / NON-JURY TRIAL AND ENTERS A PLEA OF GUILTY. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:

COUNT 1) COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR FOUR (4) YEARS UNTIL 8/8/2030 @ 9 AM IN ROOM 413. DEFENDANT UNDER THE SUPERVISION OF THE DISTRICT ATTORNEY. DEFENDANT TO PAY $600.00 COURT FUND ASSESSMENT, $150.00 VICTIM'S COMPENSATION ASSESSMENT. DEFENDANT TO FOLLOW ALL RULES OF SUPERVISION.
COUNT 2) FOUR (4) YEARS DEFERRED UNTIL 8/8/2030. $300.00 COURT FUND ASSESSMENT.
COUNT 3) FOUR (4) YEARS DEFERRED UNTIL 8/8/2030. $300.00 COURT FUND ASSESSMENT.
DEFENDANT MUST COMPLETE DRUG AND ALCOHOL ASSESSMENT, VIP, FIVE (5) DAYS TCJ OR INPATIENT TREATMENT WITHIN 45 DAYS, AND OBTAIN INTERLOCK DEVICE.

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

CF-2026-652: $1,499.00 ON AC01 CLERK FEES FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $9.00 ON AC07 ATTORNEY GENERAL VICTIM SERVICES UNIT FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $30.00 ON AC11 CLEET PENALTY ASSESSMENT FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $150.00 ON AC12 VICTIM'S COMPENSATION ASSESSMENT (VCA) FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $30.00 ON AC21 AFIS FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $15.00 ON AC22 SHERIFF'S SERVICE & INCARCERATION FEE FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $18.00 ON AC23 LAW LIBRARY FEE CIVIL AND CRIMINAL FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $62.80 ON AC31 COURT CLERK REVOLVING FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $94.20 ON AC67 DISTRICT COURT REVOLVING FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $9.00 ON AC69 CHILD ABUSE MULTIDISCIPLINARY FEE FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $155.00 ON AC71 DPS PATROL VEHICLE REVOLVING FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $30.00 ON AC75 FORENSIC SCIENCE IMPROVEMENT ASSESSMENTS FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $30.00 ON AC76 MEDICAL EXPENSE LIABILITY REVOLVING FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $110.00 ON AC77 DA COUNCIL PROSECUTION ASSESSMENT FEE FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $120.00 ON AC78 OKLAHOMA DEPARTMENT OF HEALTH/TRAUMA CARE FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $75.00 ON AC79 OCIS REVOLVING FUND FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $75.00 ON AC80 JAIL FUND (BOND FEE) SHERIFF OR PRIVATE JAIL FOR ANDERSON, ADRIEN ANTOINE.
CF-2026-652: $30.00 ON AC88 SHERIFF’S SERVICE FEE FOR COURT HOUSE SECURITY FOR ANDERSON, ADRIEN ANTOINE.

PAYOR: ANDERSON, ANDRE TOTAL AMOUNT PAID: $ 2,542.00.