IN THE DISTRICT COURT OF THE FIFTEENTH JUDICIAL DISTRICT OF THE STATE OF OKLAHOMA SITTING IN AND FOR SEQUOYAH COUNTY SEQUOYAH COUNTY, AH THE STATE OF OKLAHOMA, FILED OMA p aintiff? IN DISTRICT COURT vs. AUG 2 8 2007 THOMAS GEORGE BURGER MAUDEEN VANN. COURT CLERK BY DEPUTY ADDR: 106 No Name Street Sallisaw, OK 74955 Case No. Q) SSN: DOB: 04/29/79 Defendant(s), INFORMATION FOR: COUNT 1: OBTAIN PROPERTY BY 21 0.5. 1541.2 3 FELONY COUNT 2: OBTAINING CASH 0R MERCHANDISE BY BOGUS CHECKIFALSE 21 0.3. 1541.1 a MISDEMEANOR COUNT 3: OBTAINING CASH OR MERCHANDISE BY BOGUS 21 0.8. 1541.1 a MISDEMEANOR COUNT 4: OBTAINING CASH OR MERCHANDISE BY BOGUS 21 0.3. 1541.1 a MISDEMEANOR COUNT 5: OBTAINING CASH OR MERCHANDISE BY BOGUS 21 0.3. 1541.1 a MISDEMEANOR COUNT 6: POSSESSION OF FASLE IDENTIFICATION 21 0.3. 1550.41 A (3) a MISDEMEANOR STATE OF OKLAHOMA, COUNTY OF SEQUOYAH: I, Jerry S. Moore, the undersigned District Attorney of said County, in the name and by the authority, and on behalf of the State of Oklahoma, give information that in said County of Sequoyah and in the State of Oklahoma, THOMAS GEORGE BURGER II, did then and there unlawfully, willfully, knowingly and wrongfully commit the crime(s) of: COUNT 1 OBTAIN PROPERTY BY a FELONY, on or about the 4th day of June, 2007, Thomas George Burger did unlawfully, willfully, knowingly, or intentionally and feloniously open an account at the National Bank of Sallisaw with a check in the amount of $45,730. which he knew to be counterfeit and did obtain money/merchandise by writing checks on the account in the amount of over $10,000 COUNT 2 OBTAINING CASH OR MERCHANDISE BY BOGUS CHECKIFALSE a MISDEMEANOR, on or about the 5th day of June, 2007, by willfully, knowingly, wrongfully and unlawfully and with intent to cheat and defraud Murphy USA, and obtain from the said victim cash or merchandise of the total value of $65.58, good and lawful money of the United States of America, by means certain bogus check in words and figures as set forth and exhibited below and made a part hereof, the said defendant then and there well knowing that helshe had insufficient funds at said bank, and that said check was worthless, false, bogus and no value, did utter and deliver the same to the said victim; with the fraudulent and wrongful intent then and there to cheat and defraud the said victim. This crime is punishable by a fine of up to $1,000 or imprisonment for up to 1 year, or both COUNT 3 OBTAINING CASH OR MERCHANDISE BY BOGUS a on or about the 7th day of June, 2007, by willfully, knowingly, wrongfully and unlawfully and with intent to cheat and defraud Murphy USA, and obtain from the said victim cash and or merchandise of the total value of $44.51, good and lawful money of the United States of America, by means certain bogus check in words and figures as set forth and exhibited below and made a part hereof, the said defendant then and there well knowing that he/she had insufficient funds at said bank, and that said check was worthless, false, bogus and no value, did utter and deliver the same to the said victim; with the fraudulent and wrongful intent then and there to cheat and defraud the said victim. This crime is punishable by a fine of up to $1,000 or imprisonment for up to 1 year, or both COUNT 4 OBTAINING CASH OR MERCHANDISE BY BOGUS a on or about the 8th day of June, 2007, by willfully, knowingly, wrongfully and unlawfully and with intent to cheat and defraud Murphy USA, and obtain from the said victim Cash andlor Merchandise of the total value of $40.31, good and lawful money of the United States of America, by means certain bogus check, the said defendant then and there well knowing that helshe had insufficient funds at said bank, and that said check was worthless, false, bogus and no value, did utter and deliver the same to the said victim; with the fraudulent and wrongful intent then and there to cheat and defraud the said victim. This crime is punishable by a fine of up to $1,000 or imprisonment for up to 1 year, or both COUNT 5 OBTAINING CASH OR MERCHANDISE BY BOGUS a on or about the 10th day of June, 2007, by willfully, knowingly, wrongfully and unlawfully and with intent to cheat and defraud Murphy USA, and obtain from the said victim cash and/or merchandise of the total value of 59.58, good and lawful money of the United States of America, by means certain bogus check, the said defendant then and there well knowing that he had insufficient funds at said bank, and that said check was worthless, false, bogus and no value, did utter and deliver the same to the said victim; with the fraudulent and wrongful intent then and there to cheat and defraud the said victim. This crime is punishable by a fine of up to $1,000 or imprisonment for up to 1 year, or both COUNT 6 POSSESSION OF FASLE IDENTIFICATION a on or about the 21st day of August, 2007, Thomas George Burger ll did willfully, wrongfully and unlawfully possess a Social Security Card in the name of Thomas George Burger II on which card the last two number had been altered. This crime is punishable by a fine of $25.00 - $200.00 JERRY S. MOORE Assis nt District Attorney Subscribe and sworn to before me this 28?h day of August, 2007. INFORMATION Page 2 IN THE DISTRICT COURT OF SEQUOYAH COUNTY, STATE OF OKLAHOMA THE STATE OF OKLAHOMA, Plaintiff, vs, CASE NO. cream??d?m 0mg) OKLAHOMA THOMAS GEORGE BURGER II, Defendant. AUG 23 2007 MAUDEEN VANN, COURT CLERK FORMER CONVICTIONS By DEPUTY THE STATE OF OKLAHOMA FURTHER ALLEGES that the same Thomas George Burger was heretofore on the 20th day of March, 2001, in Case No. 51781 in the District Court of Bel? County, State of Texas a court of competentjurisdiction, convicted of the crime of INTERFERING WITH CHILD CUSTODY, said defendant being represented by counsel, and said conviction having become a final judgment in the case; THE STATE OF OKLAHOMA FURTHER ALLEGES that the same Thomas George Burger was heretofore on the 14th day of November, 2001, in Case No. 52686, in the District Court of Bell County, State of Texas a court of competent jurisdiction, convicted of the crime of BAIL JUMPING, said defendant being represented by counsel, and said conviction having become a final judgment in the case; JERRY S. MOORE, DISTRICT ATTORNEY Assistant District Attorney lN THE DISTRICT COURT OF SEQUOYAH COUNTY -s i OF OKLAHOMA STATE OF OKLAHOMA SEOUOYAH OKLAHOMA Pialni'?s lN vs. Case No. (11207-4 l8 BURGER THOMAS GEORGE 3 2 8 Defendant. MAUDEEN VANN, COURT CLERK BY DEPUTY PROBABLE CAUSE AFFIDAVIT FOR ARREST WITHOUT WARRANT Comes now the undersigned A?iant, and states upon Oath or Affirmation that the following information and facts are correct to the best of the Af?ant?s knowledge and belief. The undersigned believes that probable cause exists for the detention of the below named ARRESTEE for the below listed crimes committed on the below listed date, in the City of Sailisaw, County of Sequoyah, Oklahoma. Arrestee Name BURGER Ii, THOMAS GEORGE DOB (ms/1979 Sex Male Race White Hair Blond or Strawberry Blue Ethnicity Not Hispanic Origin Build Medium Build HGT 5 Ft. 8 In. WGT 220 lbs. Address 106 No Name #18 City Sailisaw State Oklahoma 74955 Date Of Arrest 08/21/2007 Time Of Arrest 09:42 Arrest Location Dogwood St. and Ida St. Arrest City Sallisaw 106 No Name #18, Sallisaw, OK, 106 No Name #18, Sallisaw, South Kerr Blvd, Offense Location OK, 106 NO Name #18, Sailisaw. OK Offense City Sallisaw Offense(s) Committed I Anticipated Charge(s) 1. 21 0.8. - Felony penalty for violation of Oklahoma Computer Crimes Act. 2. 21 0.8. Conspiracy: Two or more persons cheat and defraud any person of any property by any means of criminal. 3. 21 0.8. 422 - Conspires outside State against peace of the State. a IN THE DISTRICT COURT OF SEQUOYAH COUNTY OF OKLAHOMA Page 2 of 4 Case NO. Defendant BURGER ll, THOMAS GEORGE Facts 8: Circumstance that support probable cause to arrest the above named person are (Continued) 4. 21 0.8. 1550.2 - Credit card or debt card fraud, If the amount obtained is more than $500. 5. 21 0.8. 1713 - Knowingly receives any property that was stolen, embezzled, Obtained by false pretense or robbery, or conceals, withholds such property. 6. 21 0.8. - Displays or possesses any counterfeit or ?ctitious identi?cation document. 7. 21 0.8. 1541.3 Makes, draws, utters, or delivers 2 or more false or bogus checks, drafts, or orders in pursuance of a common scheme or plan to cheat or defraud, If total sum value is $1,000 or more . 8. AFCF 3 Facts Circumstance that support probable cause to arrest the above named person are That at 07:41 AM hours, Officer John Weber had stopped a white Hummer 3 with expired tags. That the passenger in the vehicle was identi?ed as Thomas Burger, I, Bet. Girdner, having prior knowledge of a counterfeit check that Mr. Burger had opened an account with at the National Bank of Sallisaw, 1000 South Kerr Blvd, on 06-04-2007, arrived at the location of South Dogwood and Ida to speak with Mr. Burger: term That Mr. Burger identi?ed himself and I advised him who I was and why I wanted to speak with him. Mr. Burger advised that he did open an account at the National Bank of Sallisaw with a check for $45,730. in June of 07, but the bank advised to him that the check was counterfeit and he did not do any other business with the bank. informed Mr. Burger that there had been four checks cashed at Murphy USA, (6-5-07 $65.58, 6-7-07 $44.51, 6-8-07 $40.31, 6-10?07 $59.58=209.98) That all of these checks had been written just one to six days after the account was opened. That the National Bank advised Mr. Burger that he could not use the counter checks given to him on this opened account until the check had cleared. That on 6-7-07 the check that Mr. Burger had deposited and was writing checks on was a counterfeit per JP Morgan Chase Bank, Columbus, Ohio. That Officer Weber observed three Money Gram checks in the amounts of $850.00 each, made payable to Thomas Burger and endorsed by Thomas Burger, dated 7-23-07, and a check from CapitalBank made payable to Thomas Burger dated 8-1-07 in the amount of 6,800.00,,that had not been cashed. Wt wF mea? lulu, 1? ?19.rho-mg (3mm birds-anal cm Hide?: pitta-time?? d3 31,51 D) That Mr. Burger was arrested on the warrant and traf?c stop on Dogwood and lda\? ?ems 7 IN THE DISTRICT COURT OF SEQUOYAH COUNTY STATE OF OKLAHOMA Case NO. Page 3 of 4 Defendant-z BURGER n, THOMAS GEORGE Facts 8. Circumstance that support probable cause to arrest the above named person are and transported to the police department for booking. That after Of?cer Weber ?nished with Burger i read Miranda to Burger and he agreed to Waive his rights and speak with us. That Mr. Burger advised that he had received other checks from the people in New York to cash and set up accounts with and send money back to the man, Tommie Troyer, in New York. That Mr. Burger advised that he kind of thought there might be something wrong with the idea, however kept cashing the checks. That Mr. Burger had a copy of his social security card in his name and number except the last two numbers on the card had been changed. That the copy Of the card was only on paper and Mr. Burger had the counterfeit social security card in the window of his wallet and the original card in one Of the sleeves Of the wallet. That Mr. Burger had a counter check on the Arvest Bank account, #0073960025, made out to Best Buy on 8-18-07 in the amount of $1485.78 and advised that he started to purchase a computer in Fort Smith, Arkansas with the check and decided not to. That Mr. Burger had in his possession several bank cards, Arvest bank card and gift card, Woodforest National Bank card (TX), Bank, and Bank of America (TX) and he advised that opened all of the accounts. except Bank, with the checks he received from New York. That Mr. Burger had prior convictions on his record involving Bogus Checks. That Mr. Burger advised that he wanted to consult an attorney and at that time the interview stopped. Times (DD org Upon oath, i declare that the above information is true and correct to the best of my knowledge and belief. Officer?s Name 1 5Mer (Signature o??d??ant) Badge No. 912 Subscribed and sworn baf re me this My commission number a 3 My commission expires (3 7 I. 1 Gila Cite-?c Yes a Notary Public No Sheriffs Affidavit Required IN THE DISTRICT COURT OF SEQUOYAH COUNTY STATE OF OKLAHOMA Page 4 of 4 Case No. Defendant BURGER ll, THOMAS GEORGE Bond Posted Appear in Court BOND POSTED A probable cause determination is not necessary, the arrestee bonded out of jail on the at APPEAR lN COURT The undersigned Judge of this Court having conducted a probable cause determination for the above named person's arrest without warrant by sworn testimony and/or af?davit finds: Whis af?davit/testimony contains suf?cient facts showing probable cause for the person's arrest existed at the time of the arrest. Arraignment before a court is ordered on at x? [Z/The Court sets an appearance Bond in the amount of 14$ Bond in the amount of For the crime of Bond in the amount of For the crime of Bond in the amount of For the crime of Bond in the amount of 7 For the crime of Bond in the amount of For the crime of The Court denies Bond at this time. This af?davitftestimony contains insuf?cient facts to show probable cause for the person's arrest existed at the time of arrest. The arrestee is ordered released from custody immediateiy. Date Time i make the preceeding ?ndings and order pursuant to Gerstein v. 420 U.S. 103 (1975), and County of Riverside v. McLaughiLnl No. 89-1817 (U.S. May 13, 1991) (Lexis 2528): 4m?grozz 2w? mam Judge 0 Date I THE DISTRICT COURT OF COUNTY . 20 STATE OF OKLAHOMA a mag? VAN a; COURTC STATE OF OKLAHOMA LEE PLAINTIFF, EPU -vs- CASE NO. (Eli?Q 1- DEFENDANT 3? RESTITUTION SCHEDULE - EXHIBIT CONDITION OF PROBATION (TO BE ATTACHED AND MADE A PART OF THE RULES AND CONDITIONS OF PROBATION) The following is a Schedule of Restitution to be made tat/W, Defendant herein, and said Defendant hereby agrees to make said restitution according to the terms set her In a Special Rule and Condition Of Probation imposed Court. The total amount of the restitu i is . a 2 . Restitution is to be made by payments of 3 ?1 LQQ on or before the I A WAAday Of ML 20 and each month therea?er until restitution has paid in full or until further order of the Court. Each payment speci?ed is to be made only by cashier?s check or money order made payable to D.A. Restitution and remitted tO: 234 E. Cherokee, Wagoner, OK 74467. Each payment must have your name and the case number on it for proper credit. TOTAL DUE: . 01 8 HDLOR ITS NAME ADDRESS AMOUNT murmur use. Caesar Rosa?x $290019? A a OF THE . MONEY HECK PAY DA RESTITUTION MAIL TO: DA. RESTITUTION 234 E. Cherokee Wagoner, OK 74467 1275 465110 a: 7 I, RESTITUTION SPECIALIST a4 Wm/ 1/47 3'50 6752 CITY STATE ZIP PHONE F. SEND ENVELOPE FOR RETURN RECEIPT A BOOKKEEPING FEEOF $1 WILL BE COLLECTED WITH EACH INDIVIDUAL PAYMENT INTEREST CAN ACCRUE STATE RATE OF . WHITE COURT CLERK YELLOW DISTRICT ATTORNEY PINK DEFENSE ATTORNEY In The District Court In And For Sequoyah County, State of Oklahoma THE STATE OF OKLAHOMA, PLAINTIFF CASE NO: CF-2007-418 vs. ?seems? 0424,, THOMAS GEORGE BURGER 11, DOB: 4/29/79 t, 9551 [220 385?84-7364 say WW 0? JUDGMENTAND SENTENCE DEPUTY Now, on this _12mw# day of 2007 this matter comes on before the undersigned Judge, for sentencing and the Defendant, THOMAS GEORGE BURGER appears personally and by his attorney of record, AL HOCH, the State of Oklahoma represented by Assistant District Attorney, KYLE E. WATERS and the Defendant, having previously: Entered a plea Of guilty Entered a plea of N010 Contendere Found guilty by jury Found guilty by Judge after waiver of jury trial tO/of the crime(s) of: COUNT I: OBTAIN PROPERTY BY 21 0.8. 1541.2 21 FELONY COUNT II: OBTAINING CASH OR MERCHANDISE BY BOGUS 21 OS. 1541.1 COUNT OBTAINING CASH OR MERCHANDISE BY BOGUS 0.8. 1541.] COUNT IV: OBTAINING CASH OR MERCHANDISE BY BOGUS 0.8. 1541.1 COUNT V: OBTAINING CASH OR MERCHANDISE BY BOGUS 0.8. 1541.1 a MISDEMEANOR COUNT VI: POSSESSION OF FASLE IDENTIFICATION 21 0.8. 1550.41 A (3) a MISDEMEANOR IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant, THOMAS GEORGE BURGER II, is guilty of the above-described offense(s) and is sentenced as follows: TERM OF IMPRISONMENT COUNT Sentenced to a term of imprisonment; BALANCE TO BE SUSPENDED UPON SUCCESSFUL COMPLETION OF all under the custody and control of the Oklahoma Department of Corrections. These terms to be served concurrently, or consecutively; TERM OF IMPRISONMENT - (PART SUSPENDED) COUNT Sentenced to a term of imprisonment; with all except the ?rst suspended under the custody and control of the Oklahoma Department of Correction pursuant to the rules and conditions of probation entered by the Court. These terms to be served concurrently, or consecutively; TERM OF IMPRISONMENT - (ALL SUSPENDED) COUNT I Sentenced to a term of FIVE (5) YEARS imprisonment; COUNT II Sentenced to a term of ONE 1 1 YEAR imprisonment; COUNT Sentenced to a term of ONE 1 1 1 YEAR imprisonment; COUNT IV Sentenced to a term of ONE 1 YEAR imprisonment; COUNT Sentenced to a term of ONE 1 1 YEAR imprisonment; COUNT VI Sentenced to a term of ONE 1 YEAR imprisonment; under the custody and control ofthe Oklahoma Department of Corrections all ofsaid tenn(s) of imprisonment suspended pursuant to the rules and conditious ofprobation entered by the Court. These terms to be served (X) concurrently, or consecutively; IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that in addition to the preceding term(s), the Defendant is also sentenced to: FINE The defendant shall pay a fine of immediately or on or before 20_, at the rate of per month, or within days of release from the Department ofCorrections. The payment ofa fine of$ is suspended. The defendant shall report to the District Court of Sequoyah County within days of release for a hearing on the defendant's ability to pay fines and costs pursuant to Section of the rules of the Court of Criminal Appeals, 22 0.8. Chapter 18, App. COSTS, VCA, RESTITUTION (X) The defendant shall pay costs, fees, and restitution in accordance with the schedule attached as Exhibit (SEE RULES CONDITIONS) RULES AND CONDITIONS OF PROBATION (X) The rules and conditions as ordered by the court and signed and acknowledged by the defendant are attached as hereto. ATTORNEY FEES The defendant shall pay court~appointed attorney fee amount of 333$? on or before 20 to . It is further ordered that judgment is hereby entered against the Defendant as to the ?nes, court costs and assessments set forth above. The Court further advised the Defendant of his rights to appeal to the Court of Criminal Appeals of the State of Oklahoma, and of the necessary steps to be taken by him to perfect such appeal, and that if he desired to appeal and was unable to afford counsel and a transcript of the proceedings, that the same would be furnished by the State without cost to him. In the event the above sentence is for incarceration in the Department of Corrections, the sheriff of Sequoyah County, Oklahoma, is ordered and directed to deliver the Defendant to the Lexington Assessment and Reception Center at Lexington, Oklahoma, and leave therewith a copy of this Judgment and Sentence to as warrant and authority of the imprisonment of the Defendant as provided herein. A second copy of this Judgment and Sentence to warrant and authority of the sheriff for the transportation and imprisonment of the Defendant as herein before provided. The sheriff to make due return to the clerk of tl' Court, with his proceedings endorsed thereon. - JU GE WC (SEAL) ATTEST: MAUDEEN VANN, COURT CLERK DEPUTY CLERK IN THE DISTRICT COURT OF .) SEQUOYAH COUNTY Om STATE or OKLAHOMA Case No. ED broom, do,? . Date 9/12/07 8y 4005 200; 11. 12. 13. 14. 15. 16. RULES AND CONDITIONS OF PROBATION . . CLERK I will at the end of each month, until my ?nal release (by the Court), make a report. I will state whether I have been constantly at work during the month and if not, why not; I will state how much I have earned together with a general state of my environment and progress. I will not use or be in possession of intoxicants of any kind or alcoholic beverages, nor use or be in possession of narcotic drugs. I will not visit places where intoxicants or drugs are unlawfully sold, dispensed or used. I will understand that I am not to go into or loiter around beer taverns or pool halls. I will not leave the county in which I reside or the State of Oklahoma without written permission of the Probation and Parole Of?cer, nor will I change my address or employment without first consulting the Probation and Parole Of?cer. I will not, in any way, communicate with persons on Parole, ex-convicts, or inmates of any penal institutions, nor will I associate with persons having a criminal record. . 7447 I will and truthfully answer all inquiries directed to me by Probation and role authorities and I will allow a representative of the Probation and Parole Division to Visit me at my home, place of employment or elsewhere, and I will carry out all instructions he may give me. I understand that I am to remain under supervision by the Probation and Parole Division until I serve my maximum term or may be granted a Pardon by the Governor of the State of Oklahoma. I understand that it will be a violation of my probation to own or carry ?rearms of any type, to perpetuate any falsehood or deception, to misrepresent any truth to any branch of Government or any representative thereof. I understand that I must support myself and all my dependents without public assistance so long as I am physically able to do so; failure to do my duty to my dependants shall constitute grounds for revocation ofmy Parole, Probation or Conditional Release. I will refrain from violation of any City, State or Federal law. I will abide by my curfew from 12 midnight until 5:00 am. daily unless I have written permission from my probation of?cer. I hereby waive extradition to the State of Oklahoma from any jurisdiction in or outside the United States where I may be found and also agree that I will not contest any effort by any jurisdiction to return me to the State of Oklahoma. I will not refuse a breath-alcohol test if arrested for DUI, APC or an alcohol related offense. I hereby waive my State and Federal constitutional rights of protection from unreasonable searches and seizures if my probation of?cer has a reasonable suspicion exists in their mind. I further understand that ifI do not possess a high school diploma or a GED. that I will acquire my GED. within eighteen months or Show proof of my inability to acquire the same to the Court, in writing, within the eighteen months. SPECIAL CONDITIONS: The defendant is to pay probation fees of $20 per month as well as the total fees of: (Court Costs, Court Appointed Attorney fees, OSBI lab fees) of within months at a rate of not less than per month. Payments are to begin each month thereafter until paid in full. All payments are to be paid to the Sequoyah County Court Clerk?s Of?ce. (Set out how the money is to be distributed). $500 FINE PLUS COURT $50.00 VICTIM CRIME $209.98 DA RESTITUTION TO BE PAID TO THE DISTRICT 01:131in A Defendant to report to DOC Probation Parole Of?ce within 72 hours/for intake. I hereby certify that I have carefully read the above rules and conditions and fully understand what my obligations are while under supervision of the Division of Probation and Parole. I further acknowledge receipt of a copy of these rules and conditions which I agree to study from time to time so that I will be fully informed at all times regarding my obligations while under supervision. I further understand that these rules may not be terminated, modi?ed or suspended by any probation of?cer, law enforcement of?cer or any other person without the written approval of the sentencing Judge and notice to the District Attorney's Of?ce. 1 Defendant Probationer Atto Defendant's Mailing Address: I Mo mam ?ti/a"2 JU OF TR OURT In the District Court in and for Sequoyah County State of Oklahoma SEOUOYAH cow of OKLAHOMA State of Oklahoma, SEP 1 4 2007 Plantiff, 8:1 AUDEEN COURT ERK vs. Case No. CF- 353m Defendant WAIVER OF PRELIMINARY HEARING 0/ Now on this day of 2O the above styled case comes on for prelimin hearing. The defendant/appears in person and represented by his attorney of record, in, Ofrjg/ . the State of Oklahoma appears by its Assistant District Attorney. Thereupon the defendant herein acknowledges having been advised of the right to a preliminary hearing. That in said hearing the State of Oklahoma must prove to the satisfaction of the Court that the crime as alledged in the information was, in fact, committed and there is probable cause to believe that the defendant committed said crime. That if said burden was not met then the case would be dismissed and the bond exonerated. The defendant is further advised that at said hearing that he/she has the right to cross examine any of the State?s witnesses and to call witnesses on his/her behalf. And further, the defendant is advised of the right at the hearing to limited discovery of the State?s case in chief. I Having these rights in mind, the defendant herein, waives all of the above rights with respect to a preliminary hearing in this matter. Defendant 71' jIAttomey for Defendant WAIVER OF JURISDICTION OF EXAMINING MAGISTRATE The defendant is further advised that neither the examining magistrate nor the Special Judge has the jurisdiction to proceed further with the case unless affirmatively waived. Having these rights in mind, the defendant hereby waives his/her rights to ject to any jurisdictional defects of the Court. Defendant Attorney for DefenM COURT MINUTE OF PRE The defendant in the above styled case having knowingly and intelligently waived his/her rights to the preliminary hearing and there being no objection by the State of Oklahoma, the Court accepts the defendant?s waiver and hereby binds the defendant over to stand trial in the District Court of information as ?led in this Sequoyah County, State of Oklahoma, on the charges as set CBSC. DISTRICT COURT OF MUSKOGEE, WAGONER, CHEROKEE AND SEQUOYAH COUNTIES (FIFTEENTH JUDICIAL DISTRCIT) (ORDER) SEQUOYAH OKLAHOMA IN DISTRICT COURT Eggs; 2: '5 2007 Date: November 20, 2007 MAUDEEN VANN, COURT CLERK BY DEPUTY Defendant: Thomas G. Burger Case 8 Charge: Obtaining Property By Deception, Obtaining Cash or Merchandise by Bogus Check/False Pretenses 4 counts and Possession of False Identi?cation. Sentence Date: September 12, 2007 Expiration Date: September 11, 2012 Date of Last Contact with Defendant: November 15, 2007 Last Known Address: 307 Knapp Highway, Brooklyn, MI 49230 THE DEPARTMENT OF CORRECTIONS IS HEREBY RELIEVED FROM FURTHER ACTIVE SUPERVISION OF THIS DEFENDANT IN THIS PARTICULAR CASE. THIS FORM DOES NOT CANCEL ANY OUTSTANDING ARREST WARRA TS. Judfe of the Assistant District Attorney