Prescription forger sentenced in court
NORWICH – An Oxford man accused of trying to fill a forged oxycodone prescription at three different local pharmacies pleaded guilty and was sentenced in Chenango County Court.
33-year-old David S. Franklin of Oxford was indicted on Jan. 21 of this year for three class D felony counts of criminal possession of a forged instrument in the second degree.
It was alleged, per the indictment, on Dec. 18, 2014 at three different local pharmacies, Franklin did knowingly and unlawfully possess a prescription script for 60 oxycodone 15 mg pills from Northern New Jersey Pain and Rehabilitation Center, which contained the forged signature of a doctor. Franklin allegedly attempted to have said prescription filled at each pharmacy.
Franklin was arrested in December of 2014 by the New York State Police after he attempted to fill the forged prescription, and he was remanded to the Chenango County Correctional Facility on $5,000 cash bail by the Town of Guilford Court.
On Feb. 2, 2015, when Franklin was arraigned, he said he was out on the bail he had posted, was in outpatient treatment at Tully Hill Treatment Center and was about to start a sales job.
Judge Frank B. Revoir, Jr. applied drug and alcohol conditions to his release. Revoir said if Franklin tested positive for drugs or alcohol, he would be remanded back to the county jail.
On March 13, 2015, Franklin was found to be in violation of his release and was remanded back to the county jail without bail.
Franklin had tested positive for drugs while enrolled in outpatient treatment so he was transferred to inpatient treatment at Tully Hill. While participating in inpatient treatment, Franklin tested positive for drugs again, and the court was notified.
On April 21, 2015, Franklin pleaded guilty to one count of the class D felony of criminal possession of a forged instrument.
Franklin said he stole the script from New Jersey and knew it was wrong.
“He wanted to get pills to feed his problem with pills,” said District Attorney Joseph A. McBride.
McBride said something happened with Franklin starting in 2011, which led to Franklin’s addiction, felony conviction and jail time. He also said he believes jail time helps Franklin and other addicts get clean.
“You are too old, too big and too strong to be doing this,” said McBride.
The DA also said Franklin has children he needs to consider, which Franklin agreed.
“Drugs are killing this community, so tow the line or you're going to be removed,” said McBride.
Revoir agreed with McBride and said Franklin had a minimal criminal history, with the exception of the last six months, in which he said Franklin was on a “crime spree.”
Regarding drug treatment court, Revoir said, “We wouldn't be giving you the opportunity if we didn't think you could be successful.”
Revoir also said if Franklin is not successful he faces two and a third to seven years in prison.
“That's an additional deterrent to have in the back of your mind, but hopefully your children and your family are enough of a deterrent,” said Revoir.
Franklin was sentenced to five years probation with the condition that he successfully complete drug treatment court.
He was released the day following his sentencing and is to live with his parents in Oxford while on probation.
33-year-old David S. Franklin of Oxford was indicted on Jan. 21 of this year for three class D felony counts of criminal possession of a forged instrument in the second degree.
It was alleged, per the indictment, on Dec. 18, 2014 at three different local pharmacies, Franklin did knowingly and unlawfully possess a prescription script for 60 oxycodone 15 mg pills from Northern New Jersey Pain and Rehabilitation Center, which contained the forged signature of a doctor. Franklin allegedly attempted to have said prescription filled at each pharmacy.
Franklin was arrested in December of 2014 by the New York State Police after he attempted to fill the forged prescription, and he was remanded to the Chenango County Correctional Facility on $5,000 cash bail by the Town of Guilford Court.
On Feb. 2, 2015, when Franklin was arraigned, he said he was out on the bail he had posted, was in outpatient treatment at Tully Hill Treatment Center and was about to start a sales job.
Judge Frank B. Revoir, Jr. applied drug and alcohol conditions to his release. Revoir said if Franklin tested positive for drugs or alcohol, he would be remanded back to the county jail.
On March 13, 2015, Franklin was found to be in violation of his release and was remanded back to the county jail without bail.
Franklin had tested positive for drugs while enrolled in outpatient treatment so he was transferred to inpatient treatment at Tully Hill. While participating in inpatient treatment, Franklin tested positive for drugs again, and the court was notified.
On April 21, 2015, Franklin pleaded guilty to one count of the class D felony of criminal possession of a forged instrument.
Franklin said he stole the script from New Jersey and knew it was wrong.
“He wanted to get pills to feed his problem with pills,” said District Attorney Joseph A. McBride.
McBride said something happened with Franklin starting in 2011, which led to Franklin’s addiction, felony conviction and jail time. He also said he believes jail time helps Franklin and other addicts get clean.
“You are too old, too big and too strong to be doing this,” said McBride.
The DA also said Franklin has children he needs to consider, which Franklin agreed.
“Drugs are killing this community, so tow the line or you're going to be removed,” said McBride.
Revoir agreed with McBride and said Franklin had a minimal criminal history, with the exception of the last six months, in which he said Franklin was on a “crime spree.”
Regarding drug treatment court, Revoir said, “We wouldn't be giving you the opportunity if we didn't think you could be successful.”
Revoir also said if Franklin is not successful he faces two and a third to seven years in prison.
“That's an additional deterrent to have in the back of your mind, but hopefully your children and your family are enough of a deterrent,” said Revoir.
Franklin was sentenced to five years probation with the condition that he successfully complete drug treatment court.
He was released the day following his sentencing and is to live with his parents in Oxford while on probation.
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