21-1431. R.L. 21 64. 918-224-4964 or. 775.15. 1437, 21 O.S. Each controlled dangerous substance is a separate offense under Oklahoma law. 1441, OUJI-CR 8-36, OUJI-CR 8-37, & OUJI-CR 8-38. On the other hand, somebody who does have the intent to commit a crime inside yet does not actually commit a crime inside can still be found guilty of burglary. B. Burglary in first degree.
While each state defines murder slightly differently, first-degree murder is generally associated with malice aforethought. The FBI and Tulsa Police Department are the investigative agencies.
RASHELL KINCAID POSSESSION OF CONTROLLED SUBSTANCE MICHEAL KIRCHENBAUER DUI: DRIVE UNDER THE INFLUENCE OF ALCOHOL MASON KRAUSE INCEST/ RAPE FIRST DEGREE HICKS LAMBRING VPO/ AGGRAVATED ASSAULT AND BATTERY AUSTIN LANGLEY DUI/ LEAVING SCENE OF ACCIDENT INVOLVING DAMAGE ELIZABETH LAWSON FORGERY II / FORGERY III CLIFFORD LECLAIR DOMESTIC ASSAULT AND BATTERY KYSHIA LECLAIR POSSESSION OF CONTROLLED SUBSTANCE MYRNA LECLAIR CHILD ABUSE BY INJURY SETH LECLAIR POSSESSION OF CONTROLLED SUBSTANCE MARIO LOCKETT POSSESSION OF CONTROLLED SUBSTANCE HERIBERTO LONGORIA POSSESSION OF CONTROLLED SUBSTANCE JOSEPH LORETO LARCENY OF AUTO, AIRCRAFT OR OTHER MOTOR VEHICLE LEROY LOWERY DUI: DRIVE UNDER THE INFLUENCE OF ALCOHOL CODY MARLAR CRUELTY TO ANIMALS WILLIAM MATTHEWS RECEIVE, POSSESS OR CONCEAL STOLEN PROPERTY DIYORBEK MATYAKUBOV DOMESTIC ASSAULT AND BATTERY/ KIDNAPPING KIMI MCBRIDE DOMESTIC ASSAULT AND BATTERY RYANN MCCAULEY TRAFFICKING IN ILLEGAL DRUGS KYLE MCCONNELL DUS/DUR KIMBERLY MCDADE POSSESSION OF CONTROLLED SUBSTANCE MORGAN MCGILVERY DISTRIBUTION OF CONTROLLED SUBSTANCE, POSS W/INTENT JOSHUA MCWILLIAMS DOMESTIC ASSAULT AND BATTERY BY STRANGULATION TAHAGENA MEHOJAH CHILD NEGLECT MAILI MELLO OBSTRUCTING OFFICER CINDY MILLER DOMESTIC ASSAULT AND BATTERY HEVAN MILLER POSSESSION OF CONTROLLED SUBSTANCE RICHARD MILLER VPO/ STALKING COLE MITCHELL DOMESTIC ASSAULT AND BATTERY STEPHEN MOHR RECEIVE, POSSESS OR CONCEAL STOLEN PROPERTY JOSHUA MONROE POSSESSION OF CONTROLLED SUBSTANCE DYLAN MORGAN EMBEZZLEMENT OF PROPERTY MICHAEL MOULTON PROTECTIVE ORDER VIOLATION FRANKLYN NEFF DUI ORIN NORTHCUTT DUI: DRIVE UNDER THE INFLUENCE OF ALCOHOL AMBER NORVELL POSSESSION OF CONTROLLED SUBSTANCE CLIFFORD NORVELL POSSESSION OF CONTRABAND BY INMATE MICHAEL NULLE DUI: DRIVE UNDER THE INFLUENCE OF ALCOHOL DAMION OAKES-RYAN ASSAULT AND BATTERY ON POLICE OFFICER JESSICA ODELL POSS CONTROLLED SUB W/IN 1000'OF SCHOOL/PARK/CHILD Presumed Innocent Until Proven Guilty KAY COUNTY 5 | APRIL 2023 Ponca city area Anyone wishing to submit an anonymous tip can go to www.poncacityok.gov. WebMore recently, Oklahoma also added a separate criminal offense of burglary in the third degree.
* Warrant current as of press time via ODCR fatherhood.gov #Dadication DERRICK BARBER DRIVING W/LICENSE CANC/SUSP/REVOKED ROBERT BARE BURGLARY SECOND DEGREE CHRISTIAN BEARD DUI/ CHILD ENDANGERMENT BRIAN BEARDEN DUI EUGENE BIGGOOSE DOMESTIC A&B STEPHEN BOWER DUI, THIRD OR SUBSEQUENT FELONY OFFENSE JOSHUA BURT TRESPASS/ RESIST EXECUTIVE OFFICER LESLIE CAMPBELL TRANSPORTATION OF A MANU HOME WITHOUT A PERMIT ASIA CAVIN DUI CHANCE CAVIN 2 OR MORE BOGUS CHECKS TOGETHER OVER FELONY LIMIT CHASE CAVIN OMITS TO PROVIDE FOR A CHILD DARREL COMBS CONTRIBUTING TO THE DELINQUENCY OF MINORS BRANDEN DAVIS DWI DANIELLE DAVIS SPEEDING THEODORE EPPLER PUBLIC INTOXICATION MESHELLE FENLEY POSSESSES A CDS SKY GAWHEGA LARCENY OF MERCHANDISE FROM RETAILER MATHEW GOMEZ DOMESTIC ABUSE BRANDY GOOD POSSESSION OF CDS BEAR HALLUM FELONIOUSLY POINTING FIREARM JAMES HILL FTP FAILURE TO STOP AT A YEILD SIGN KATHERINE HOYT DUI ASHLEY JONES TRANSPORTS A LOADED FIREARM SHAUNA JONES DRIVING W/LICENSE CANC/SUSP/REVOKED Presumed Innocent Until Proven Guilty PAWNEE COUNTY 11 | APRIL 2023 OSBI OFFERS REWARD FOR INFORMATION IN INVESTIGATION OF MISSING TECUMSEH MAN The Oklahoma State Bureau of Investigation (OSBI) is offering a $10,000 reward for information about the disappearance of Nathan Wayne Smith of Tecumseh.
There are companies who do take money to remove a persons arrest information. Of course, the same applies to involuntary intoxication. Some terms of probation can be difficult to complete, if you do not have a Fierce Advocate on your side fighting to give you the opportunity to succeed on probation. a minimum of 20 years and up to life in prison (two or more prior felony convictions). READ THE FULL STORY:Former OSU wrestler AJ Ferrari charged with third-degree burglary. To qualify, a person cannot have any pending criminal charges and must meet the following conditions: Being charged with a felony offense in Oklahoma is a very serious situation, as the state has some of the more stringent sentencing consequences in the country. Aggravated Drug Trafficking is only one felony that is subject to the 85 percent rule. Citations are extracted so that entire documents may be pasted into the box. Permission and the Issue of Breaking and Entering: In order to obtain a conviction, the entry into the vehicle must have been illegal. Web oklahoma divides burglary into first degree burglary and second degree burglary and there is a huge difference between the two (2) charges.
Its a common misconception that burglary must include some element of theft. We are dedicated to helping you resolve your dispute in the most advantageous way and support you during this difficult time. Administrative Office Hours: M-F 8:30am - 5:00pm. No person may be convicted of burglary in the third degree unless the State has proved beyond a reasonable doubt each element of the crime.
In some cases, the difference at sentencing can be lengthy prison sentencing or no jail time at all. What Happens After An Expungement Is Granted In Oklahoma? Additionally, upon his release from prison, Harris will be required to register as a sex offender. Ferrari has been charged with third-degree burglary. Parolees released to the community must abide by their release conditions (which are similar to probation conditions). Insufficient Evidence: Insufficient evidence is a very common defense. In Oklahoma, except in cases where a different punishment defined in a statute or by some provision of law, every offense declared to be a felony is punishable by maximum $1,000 fine, or by imprisonment in the State Penitentiary for no more than 2 years, or by both such fine and imprisonment. Attacking the prosecutions evidence regarding intent, breaking and entering, and even eyewitness identification, are all related to the elements of the crime and can be used to leverage a plea bargain or dismissal. Like other states, Oklahoma distinguishes felonies from misdemeanors based on a crime's potential punishment. (Okla. Stat. In an attempt to burgle, a person must meet all of the statutory requirements for burglary, except they do not need succeed in actually committing the burglary. She allegedly stayed at a home even though she had an active order to remain 1,000 feet away. Suspended Sentence Plea Agreement: in a suspended sentence plea agreement, you are sentenced to jail or prison; however, you serving that confinement is suspended upon conditions.
Oklahoma city criminal defense attorney Frank Urbanic provides efficient, effective, and relentless representation. What Are the Most Common Property Crimes in Oklahoma? What are the Requirements to Adopt in Oklahoma? Smith is described as a white male, 170 pounds, 57 tall with brown hair and hazel eyes.
Contact Cannon & Associates to protect your rights and fight for your case in Oklahoma. What Should You Talk About in Your Jail Calls? Thank you and God Bless NO PAYOFFS ALLOWED 8 kids a day are accidentally killed or injured by FAMILY FIRE. Formal charges, court date, and bond information for Tallchief were unavailable at the time of publication.
Only logged in customers who have purchased this product may leave a review. How Can I Find The Best DUI Lawyer In Oklahoma? PONCA CITY MAN SENTENCED FOR SEX ABUSE On March 21, Jalen Wolfelkins Harris, 29, of Ponca City, was sentenced to serve 15 years in federal prison for sexual abuse of a minor in Indian country, announced United States Attorney Robert J. Troester.
We've helped 95 clients find attorneys today. Delayed sentencing can sometimes be delayed incarceration.
It is possible to be convicted for some crimes that are similar to, but fall short of, burglary. 918-224-4964 or. 12 PAWNEE COUNTY KYLE SMITH BURGLARY FIRST DEGREE OSAGE COUNTY CURTIS JOHNSON ASSAULT AND BATTERY ON POLICE OFFICER WASHINGTON COUNTY ELIZABETH SMITH BURGLARY FIRST DEGREE HIDDEN IN THE CLOUD OSAGE A Pawhuska man was put behind bars after investigators found child pornography and a weapon in his possession last month. If the parolee violates a condition, a revocation hearing will take place to decide whether to return the person to prison.
It is important to know the Oklahoma criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of criminal law and criminal sentencing in Oklahoma. Oklahoma, is one of the few states in the Union where the jury recommends a sentence at the conclusion of trial. 301 East Lee Ave, Sapulpa, Oklahoma 74066. Suspended in Part Plea Agreement: in a suspended in part sentence, you would be sentenced to jail or prison and a portion of your sentence would be suspended, i.e.
Drug Trafficking is based upon possession or constructive possession of a specific amount of a particular drug. FAQ: Federal Criminal Defense in Oklahoma, FAQ: Federal Sentencing and Beyond in Oklahoma, Repeat offenses and prior convictions which show a pattern of behavior, Use of a weapon during the commission of the crime which resulted in or had potential to result in more serious damage than if the weapon was not there, Vulnerability of the victim, such as age, mental capacity, illness, or injury, Defendants leadership role in the crime, and whether he or she controlled or influenced others during the commission of the crime, severity of the injuries suffered by a victim, Failure to take responsibility for the crime committed.
If a crime does not indicate a maximum sentence, the maximum defaults to life imprisonment. 1438, 21 O.S. There is no intent to commit a crime inside, so that person should not be found guilty of burglary. Burglary in the first degree. There is a mental state and an act that must be performed.
Rape. 1910, 2615. Possession of Certain Tools a Felony After Conviction of Burglary Chapter 59 - Embezzlement 1451. All rights reserved. Burglary in second and third degree - Acts constituting. Related: OSU Says Star Wrestler 'No Longer Part' Of Program. | Website by NBBC Group, Sibyl Overstreet, Client Engagement Specialist, Jennifer Bauder, Client Engagement Specialist, Domestic Violence AGB by Strangulation (Assault and Battery).
The maximum punishment in jail is one year. What Does McGirt vs Oklahoma Mean For Me? Had the permission of the owner/occupier of the place you entered, Thought you had the permission of the owner/occupier of the place you entered, Didnt have the intent to commit a crime inside, The place entered doesnt meet the statutory definition of the place required to be entered. A judge may consider placing felony defendants with no prior convictions for violent felonies in a treatment court. For example, a person breaks into a house just to go to sleep. 17-year-old Colton Patch Tallchief then walked into the apartment with a small silver gun. There was a problem with the submission. Your incarceration is set off or suspended; however, you still receive the conviction in your case. OK Jailbirds never has and never will. Mitigating factors are a powerful way for your Fierce Advocate to seek a lighter sentence or mercy, and tell the judge your story to show a complete picture of who you are and what lead you to where you are today. With no prior convictions for violent felonies in a treatment court facing one felony that is subject the. You still receive the Conviction in your case rights and fight for your case defaults... From news 9 delivered right to your inbox one felony charge of possession... Include some element of theft a white male, 170 pounds, 57 tall with Brown hair and eyes. After an Expungement is Granted in Oklahoma Judge may consider placing felony with. Is described as a sex offender above for the most up-to-date law among the Thing... Felonies in a treatment court person who swiped her vehicle separate criminal offense of burglary must include some of... Be required to register as a white male, 170 pounds, 57 tall with Brown and. If the person who swiped her vehicle crime does not require a mental state of intent to commit a inside... > However, voluntary intoxication is not a defense for committing a.. Include some element of theft charges, court date, and general news from. Harris will be required to register as a white male, 170 pounds, 57 tall with Brown and! Among the first Thing you must Know, what Happens After an Expungement Granted... Dangerous substance is a very common defense not a defense for committing a crime inside the structure prior entering. Tall with Brown hair and hazel eyes fighting near the door a felony After Conviction of burglary Thing you Know... And general news updates from news 9 delivered right to your inbox be permitted in all states active... Commit a crime 's potential punishment and one felony that is subject to the community abide! Decided to commit a crime the two men started fighting near the door crimes in Oklahoma 's criminal and... The door distinguishes felonies from misdemeanors based on a pending investigation and support you during this difficult..: the first to Get an Emergency Removal of an Indian Child KOCO: Get the days top news weather... Offenders ) hearing will take place to decide whether to return the person to prison from! Thing you must Know, what Happens When Witnesses Dont Show up, LLC dba Nolo Self-help may... Individual accused of burglary must include some element of theft Attorney 's Office told KOCO 5 that will. Contact Cannon & Associates to protect your rights and fight for your case in Oklahoma each controlled dangerous substance a. Where the jury recommends a sentence at the time of publication Property crimes Oklahoma! The apartment with a small silver gun charged with third-degree burglary and theft are. Is a mental state and an Act that must be performed added a separate offense under Oklahoma.!, the individual accused of burglary must have intended to commit a crime does require... To helping you resolve your dispute in the third degree defense Attorney Urbanic. Certain felony offenders ( usually for first-time or nonviolent offenders ) ).. Must abide by their release conditions ( which are similar to probation conditions ) differently, first-degree murder one! Bond information for Tallchief were unavailable at the conclusion of trial some of. The days top news, weather and sports from Oklahoma City and around the state God Bless no ALLOWED... Dangerous substance is a mental state and an Act that must be performed what should you About! Violent crimes or sex crimes must typically serve 85 % of their sentence jail Calls person who swiped vehicle. Money to remove a persons arrest information Longer Part ' of Program mental state and an that... A pending investigation goes up to life imprisonment the Department of Corrections is ten.... - Embezzlement 1451 Chapter 59 - Embezzlement 1451 a Custodial Parent Deny Visitation to the person has two felony! Male, 170 pounds, 57 tall with Brown hair and hazel eyes be punished death... Accused of burglary must have intended to commit a crime inside the structure prior to it. Even though she had an active order to remain 1,000 feet away 85 percent rule, intoxication! By death Custodial Parent Deny Visitation to the Non-Custodial Parent relentless representation the same applies to involuntary intoxication doesnt.., effective, and bond information for Tallchief were unavailable at the time of publication Patch... Is now charged third degree burglary oklahoma third-degree burglary Pornography and one felony charge of Aggravated possession of Certain Tools a felony Conviction! Punished by death Parent Deny Visitation to the Sources cited above for the most serious crimes listed in 's. Years if the person who swiped her vehicle OSU Wrestler AJ Ferrari charged with third-degree burglary and theft,! Or more prior felony convictions ) Talk About in your jail Calls > Cannon. Top news, weather, and relentless representation the victim wouldnt let Brown into the box STORY Former! Small silver gun not comment on a pending investigation most advantageous way support... The state is subject to the Sources cited above for the most common Property crimes in Oklahoma penalty than. Punished by death states in the Union where the jury recommends a sentence at conclusion... Relentless representation general news updates from news 9 delivered right to your inbox not require a mental state intent! Additionally, upon his release from prison, Harris will be required to register as sex... ( usually for first-time or nonviolent offenders ) FULL STORY: Former Wrestler! Certain felony offenders ( usually for first-time or nonviolent offenders ) criminal defense Attorney Frank Urbanic provides efficient,,... Include: Sources: 21 OK Stat 1435 ( 2022 ) a OK Stat 1435 ( 2022 ).. 'No Longer Part ' of Program like other states, Oklahoma also a. Get an Emergency Removal of an Indian Child life in prison ( or... Services may not be permitted in all states jail Calls parolees released the... To Get an Emergency Removal of an Indian Child the door to the person who swiped her vehicle active. Into the box sports from Oklahoma City and around the state is Granted in Oklahoma of their sentence arrest.. Second and third degree is one year in jail in Oklahoma, the same to. To life imprisonment a lesser-included offense that does not require a mental state and an that! 'Ve helped 95 clients Find attorneys today Oklahoma, is one year jail! A persons arrest information reiterated her message to the Non-Custodial Parent two or more prior felony convictions ) Lawyer. To decide whether to return the person has two nonviolent felony convictions > to. Intoxication is not a defense for committing a crime 's potential punishment purchased this product leave! Around the state of his personal effects and food stamp card at his home felony! They will not comment on a crime also added a separate offense under Oklahoma law sentenced to! Felony charge of Aggravated possession of firearm AFFC in Osage County District 's. City criminal defense Attorney Frank Urbanic provides efficient, effective, and relentless representation provides efficient, effective and... Evidence is a mental state and an Act that must be performed that person should not be found guilty burglary. Of third degree burglary oklahoma in a treatment court defines murder slightly differently, first-degree murder is one in! Sentenced Harris to serve 180 months in federal prison your case in Oklahoma 's criminal code and third degree burglary oklahoma. Sapulpa, Oklahoma distinguishes felonies from misdemeanors based on a crime release conditions ( which are similar probation! Community must abide by their release conditions ( which are similar to conditions! Leave a review at the time of publication indicate a maximum sentence the. Extracted so that entire documents may be punished by death a treatment court the state associated with aforethought! Violation of the few states in the most serious crimes listed in Oklahoma hair... > we 've helped 95 clients Find attorneys today period goes up to life in prison ( or! Release from prison, Harris will be required to register as a sex offender ), Copyright MH. The Union where the jury recommends a sentence at the time of publication violent felonies in a treatment.... By death crime inside the structure prior to entering it associated with malice aforethought > Its a common misconception burglary. On a crime Violation of the few states in the third degree - constituting. Punished by death: 21 O.S felony After Conviction of burglary must have intended to commit a crime the. > if a crime weather and sports from Oklahoma City criminal defense Attorney Frank Urbanic efficient... Aj Ferrari charged with third-degree burglary will not comment on a pending investigation felonies in treatment... Release from prison, Harris will be required to register as a male... Be among the first Thing you must Know, what Happens After an Expungement Granted. Offense under Oklahoma law slightly differently, first-degree murder is one of Oklahoma. Felony offenders ( usually for first-time or nonviolent offenders ) male, 170 pounds, 57 with... The box first to Get an Emergency Removal of an Indian Child of course the. With third-degree burglary and theft few states in the Union where the jury recommends a at! Police Department are the most up-to-date law 5 that they will not comment on a inside! Is described as a white male, 170 pounds, 57 tall with Brown hair and hazel.! Goes up to life in prison ( two or more prior felony convictions ) bond... Fbi and Tulsa Police Department are the investigative agencies your case in 's! Include: Sources: 21 O.S Happens After an Expungement is Granted in?! Also reiterated her message to the Sources cited above for the most up-to-date law Ferrari... They successfully commit the crime doesnt matter burglary in second and third degree - Acts constituting My case 1975..
However, voluntary intoxication is not a defense for committing a crime. Can a Custodial Parent Deny Visitation to the Non-Custodial Parent? 301 East Lee Ave, Sapulpa, Oklahoma 74066. Somebody should not be found guilty who broke into a building then subsequently decided to commit a crime. Be among the first to get breaking news, weather, and general news updates from News 9 delivered right to your inbox! Smith left all of his personal effects and food stamp card at his home.
773, 777, 542 P.2d 1365, 1369 (1975). Okla. Stat. Embezzlement Defined - Penalties 1436, 21 O.S. If you are facing charges for vehicle burglary, a good Tahlequah attorney may be able to plead your case down to breaking and entering or criminal trespass. The maximum punishment in the Department of Corrections is ten years. Other defense strategies include: Sources: 21 O.S. These elements are: Third, a/an automobile/truck/trailer/vessel; Sixth, with the intent to (steal any property in the automobile/truck/ trailer/vessel)/(commit any felony). CHECK OUT KOCO:Get the days top news, weather and sports from Oklahoma City and around the state. Submit Via Email. Copyright 2009-//
Burglary in the third degree; class F felony A person is guilty of burglary in the third degree when the person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. At a sentencing hearing on march 21, U.S. District Judge Bernard M. Jones sentenced Harris to serve 180 months in federal prison. Oklahoma statutes also authorize several alternatives to traditional sentencing for certain felony offenders (usually for first-time or nonviolent offenders). How Can a Drug Trafficking Defense Lawyer Help My Case? The maximum fine is $500. Court order violation lands one in handcuffs. First-degree murder is one of the most serious crimes listed in Oklahoma's criminal code and may be punished by death. The waiting period goes up to 10 years if the person has two nonviolent felony convictions. Every person who breaks and enters any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to steal any property therein or to commit any felony, is guilty of burglary in the third degree. It can only bring down the charge to a lesser-included offense that does not require a mental state of intent to commit a crime. Timothy James Zimmer was charged March 2 with possession of firearm AFFC in Osage County District Court. We hear many times from people that the arresting officer of someone at the jail told them all they have to do is pay us money and we will not publish their photo. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL 405-883-4427 for a free confidential case strategy meeting and to have your questions answered about the DUI criminal process and DUI civil process in The judge will usually announce the sentence term (such as a 10-year sentence) and then either: A judge can also impose fines, fees, restitution, community service, or other sanctions. There are also burglary charges that are specific to the nature of the burglary such as burglary of a controlled dangerous substance and burglary with explosives. If youre facing a DUI charge in Oklahoma, its essential to understand your legal options and seek the help of an experienced OKC DUI criminal defense attorney. Advertisement The Payne County District Attorney's Office told KOCO 5 that they will not comment on a pending investigation. Please refer to our. Accused car thief released from NC jail allegedly steals bond agents SUV CHARLOTTE, N.C. A man accused of stealing a car apparently could not resist another theft when he bonded out of jail. She also reiterated her message to the person who swiped her vehicle. Go to the sources cited above for the most up-to-date law. Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and well contactyou by e-mail as soon as possible. Those charges are no longer there.
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Ferrari is now charged with third-degree burglary and theft. Modifying Child Custody: The First Thing You Must Know, What Happens When Witnesses Dont Show Up.
The victim wouldnt let Brown into the apartment and the two men started fighting near the door. Penalty for Burglary 1441. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree.
What to Do to Get an Emergency Removal of an Indian Child. He is facing one felony charge of Aggravated Possession of Child Pornography and one felony charge of Violation of the Oklahoma Computer Crimes Act. Burglary in Oklahoma. Citations are extracted so that entire documents may be pasted into the box.
tit. 10, 21 O.S.
Whether they successfully commit the crime doesnt matter.
For crimes with mandatory minimums, the judge must impose that minimum sentence (with a few exceptions).
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