Voglio sapere a riguardo di…

50174

Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
sradovich on DSKJLST7X2PROD with NOTICES

. . . ever surrendered for cause or had a state professional license or controlled substance registration revoked, suspended, denied, restricted, or placed on probation, or is any such action pending. Id. at 2, 4, 7, 10.
The next exhibit is the OSC, RFAAX
2, and the third exhibit is the Written Statement, RFAAX 3.
The next exhibit consists of ten documents certified by the Clerk Superior/State Court as true and correct copies from case 10CR00980
State of Georgia vs. Linda U. Sakor. 2
RFAAX 4, at 1; see also RFAAX 6, at 2.
The first document is one page consisting of the Petition for Discharge of Defendant First Offender Act and the signed Order of Discharge, dated March 20, 2012. RFAAX 4, at 2. In this document, a probation officer states that Respondent is eligible for discharge as shown by having fulfilled the term of . . . probation and upon review of . . .
her criminal record. Id. Below the probation officers statement, the Courts signed Order of Discharge states that 1
Respondent is discharged without Court adjudication of guilt, 2 the discharge shall completely exonerate . . . Respondent of any criminal purpose, 3 the discharge shall not affect any of . . . Respondents civil rights or liberties, 4 Respondent shall not be considered to have a criminal conviction, and 5 the discharge may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector by reason of criminal conviction . . . unless otherwise provided by law.
Id.
The second document, consisting of fifteen pages, is the Transcript of Proceedings of the criminal hearing on November 18, 2010. Id. at 317. The Transcript states that Respondent was present with her attorney to enter a negotiated guilty plea. Id. at 4.
According to the Assistant District Attorney hereinafter, ADA, Respondent changed employers in July of 2008. Early in 2009, the ADA stated, Respondent presented a prescription for hydrocodone, purportedly issued by her previous employer, to be filled at a pharmacy. Id. at 9. The ADA indicated that Respondent had forged the 2 Although the certification for RFAAX 4
references Linda U. Sakor, five of the documents in RFAAX 4 refer to Uvienome Linda Sakor, three of the documents refer to Linda Sakor, one document refers to Linda U. Sakor, and one document does not refer to anyone by name.
RFAAX 4, at 2 Linda U. Sakor; id. at 326
Uvienome Linda Sakor; id. at 2730 Linda Sakor;
id. at 31 no name. I find substantial record evidence that all of the documents in RFAAX 4
pertain to Respondent.

VerDate Sep<11>2014

00:30 Sep 04, 2021

Jkt 253001

prescription in the name of her previous employer. Id. at 10. He also stated that theres no evidence that there were any other forged prescriptions presented by Respondent. Id.; see infra section II.E. Respondents Public Defender added that Respondent had retained the prescription pad after she had left their employ and basically she wrote prescriptions out for herself which basically she would have to have gone back to the doctor to get that authorized prior to the time this was done and thats not the way it was done. RFAAX 4, at 13 emphasis added; see infra section II.E.
When the Court invited her to speak, Respondent stated that nurse practitioners actually do have the authority and . . . she has the authority, . . . has the license to write prescriptions for people in the State of Georgia as in many other states, and that is part of . . . her job. RFAAX 4, at 1415. She did not mention the controlled substance schedule parameters, schedules III through V, of her federal authority to issue controlled substance prescriptions. She finished by stating that she did the wrong thing in writing it for . . . herself. Id. at 15.
When the Court asked her why she forged the prescription, she stated that she was having severe pain and could not make it to . . . her doctors office.
Id. When the Court asked her, she denied having any sort of drug abuse problem. Id. The Transcript ends with the Court imposing the recommended sentence and treating Respondent as a first offender. Id. at 1516.
The third document is the one-page Plea Sheet filed on November 18, 2010.
Id. at 18. The Plea Sheet shows that Respondent pled guilty to one count, that she was to undergo substance abuse counseling, that she was fined $1,000, and that she received a sentence of five years probation with the possibility of four years being suspended after completion of 1st year of probation successfully. Id.
The fourth document is the one-page Waiver of Rights, dated November 18, 2010. Id. at 19. This document, signed by Respondent and her attorney, lists the rights that Respondent waived by pleading guilty. Id. Over the Courts signature, the document states that inquiry has been made of the . . .
Respondent concerning the rights listed, that the Court is satisfied there is an adequate factual basis to support the guilty plea, and that the Court is satisfied that Respondent is acting knowingly, freely and voluntarily and no promise, threat or force has been used to induce the . . . Respondent to enter this plea. Id.

PO 00000

Frm 00163

Fmt 4703

Sfmt 4703

U:07SEN1.SGM

The document comprising the next three pages is the First Offender Treatment Order, the General Conditions of Probation, and the Special Conditions of Probation Imposed Pursuant to Code 42834.1, dated November 18, 2010. Id. at 2022.
This document shows that Respondent negotiated a guilty plea to one count and was sentenced to five years, which may be served on probation, and the payment of a $1,000 fine. Id. at 2021.
The sixth set of documents concerns the Felony Accusation about Respondent. Id. at 2326. The documents indicate that Respondent pled guilty to one count of Forgery in the First Degree O.C.G.A. 1691 on November 18, 2010. Id. at 23, 24, and 26. Her attorney and the ADA signed the fully completed document along with Respondent. Id. at 26.
The next two documents, Entry of Appearance; and Notice of Intent to Engage in Reciprocal Discovery and Rule 5.22 Certificate of Service of Discovery, dated April 24, 2010, show that Respondent was represented by counsel at the proceedings. Id. at 2728.
These documents also show two unindicted case numbers. Id.
The ninth document is the two-page Affidavit for Arrest concerning Respondent, signed by a Douglas County Magistrate Judge on March 30, 2010. Id. at 2930. The first page shows a warrant in the matter of The State of GA vs. Respondent charging four counts of Forgery, a Felony in the First Degree, with bail set at $16,000. Id. at 29. The second page of the Affidavit for Arrest shows a warrant in the matter of The State of GA vs.
Respondent charging one count, Theft by Taking, a misdemeanor, with bail set at $1,000. Id. at 30.
The tenth and final document is entitled Arrest Warrant, County of Douglas, State of Georgia, Exhibit: A
page 1 of 1 to the Forgery in the First Degree Affidavit for Arrest, filed on April 2010.3 Id. at 31. The Arrest Warrant describes four counts of Forgery in the First Degree. The first count concerns the knowing, with intent to defraud making of a certain writing in such a manner that the writing as made purports to have been made by authority of one . . . who did not give such authority at another time and did deliver said writing being a prescription for Hydrocodon sic and Phenergan. Id. The other three counts specifically concern the delivery to a pharmacy of forged prescriptions for Vicodin and Phenergan on September 8, 2009, Tussionex Pennkinetic on 3 The
day in April is not legible. RFAAX 4, at 31.

07SEN1