Date: 09-17-2012

Case Style: State of Oklahoma v. Joshua Deron Smith

Case Number: CF-2012-2505

Judge: Tom Gillert

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Nalani Ching

Defendant's Attorney: Brian Rayl

Description: The State of Oklahoma charged Joshua Deron Smith with larceny of merchandise from a retailer in violation of 21 O.S. 1731 which provides:

Larceny of merchandise held for sale in retail or wholesale establishments shall be punishable as follows:

1. For the first conviction, in the event the value of the goods, edible meat or other corporeal property which has been taken is less than Five Hundred Dollars ($500.00), the violator shall be punishable by imprisonment in the county jail for a term not exceeding thirty (30) days, and by a fine not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00); provided for the first conviction, in the event more than one item of goods, edible meat or other corporeal property has been taken, punishment shall be by imprisonment in the county jail for a term not to exceed thirty (30) days, and by a fine not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

2. If it be shown, in the trial of a case in which the value of the goods, edible meat or other corporeal property is less than Five Hundred Dollars ($500.00), that the defendant has been once before convicted of the same offense, the defendant shall, on a second conviction, be punished by confinement in the county jail for a term of not less than thirty (30) days nor more than one (1) year, and by a fine not exceeding One Thousand Dollars ($1,000.00).

3. If it be shown, upon the trial of a case where the value of the goods, edible meat or other corporeal personal property is less than Five Hundred Dollars ($500.00), that the defendant has two or more times before been convicted of the same offense, regardless of the value of the goods, edible meat or other corporeal personal property involved in the first two convictions, upon the third or any subsequent conviction, the punishment shall be imprisonment in the State Penitentiary for a term of not less than two (2) nor more than five (5) years.

4. In the event the value of the goods, edible meat or other corporeal property is Five Hundred Dollars ($500.00) or more, but is less than One Thousand Dollars ($1,000.00), the defendant shall be guilty of a felony and shall be punished by imprisonment in the county jail for a term of not more than one (1) year or by imprisonment in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) and ordered to provide restitution to the victim as provided in Section 991a of Title 22 of the Oklahoma Statutes.

5. In the event the value of the goods, edible meat or other corporeal property is One Thousand Dollars ($1,000.00) or more, punishment shall be imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years.

Outcome: JUDGE TOM GILLERT: DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY BRIAN RAYL PD. STATE REPRESENTED BY NALANI CHING. DEFENDANT SWORN IN OPEN COURT. COURT REPORTER JANA HARRINGTON, DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHTS TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA, COURT FINDS DEFENDANT GUILTY, DEFENDANT SENTENCED TO:

COUNT 1) FOUR (4) YEARS IN DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED SINCE 6-7-2012 AND TO RUN CONCURRENT WITH CF-2011-4279, CF-2012-739, CF-2012-2459, CF-2012-2477 AND CF-2011-4042. DEFENDANT TO PAY $600.00 FINE, $150.00 VCA, PLUS COSTS.

DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, JUDGEMENT AND SENTENCE ISSUED. COMMITMENT ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: