State of Oklahoma v. Marlis Learnin Cunningham

Sapulpa, Oklahoma criminal defense lawyeKent Morlan represneted the Defendant charged with misdemeanor delivery of a counterfeit not in violation of 21 o.S. 1577, which provides:

Under Oklahoma Statutes Title 21, Section 1577, delivering a forged or counterfeit promissory note, check, or bill for consideration is classified as a misdemeanor forgery when the value of the instrument is less than $1,000.

Key Legal ElementsTo convict a person under this statute, the state must prove the individual:Sold, exchanged, or delivered (or offered/received for delivery) a forged or counterfeited note, check, draft, or evidence of debt for any consideration.Knew the instrument was forged or counterfeited.Acted with the intent to have the instrument passed or uttered.

Misdemeanor PenaltiesIncarceration: Up to one (1) year in the county jail.Fine: Up to $1,000.Combined: Both imprisonment and a fine may be applied

DEFENDANT PRESENT OUT OF CUSTODY AND SWORN, CAUSE COMES ON FOR PLEA. PLEA OF GUILTY SUMMARY OF FACTS PRESENTED, DEFENDANT PLEADS GUILTY, COURT ACCEPTS PLEA AND ENTERS FINDING OF GUILT. DEFENDANT ADVISED OF APPELLATE RIGHTS. DEFENDANT ADVISED OF CONSTITUTIONAL RIGHTS. DEFENDANT SENTENCED AS FOLLOWS: COUNT ONE: 1 YEAR IN CREEK COUNTY JUSTICE CENTER SUSPENDED, $100.00 FINE, $50.00 VICTIMS COMP, AND COURT COSTS. COUNT TWO: ONE YEAR IN CREEK COUNTY JUSTICE CENTER SUSPENDED, $100.00 FINE, $50.00 VICTIMS COMP FEE, AND COURT COSTS. DEFENDANT TO CHECK IN WITH THE DA'S OFFICE FOR 991 FEES TODAY. DEFENDANT IS ORDERED TO CHECK IN WITH THE COST ADMINISTRATOR IN THE COURT CLERK'S OFFICE TO SET UP A PAYMENT PLAN TODAY. DEFENDANT IS TO CHECK IN WITH HSR TODAY. DEFENDANT TESTIFIES AS TO THEIR ABILITY TO PAY AND IS ORDERED TO PAY $25.00 PER MONTH.