Date: 07-28-2014

Case Style: State of Oklahoma v. Matthew Don Kernal

Case Number: CF-2014-2492

Judge:

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Defendant's Attorney: Public Defender's Office

Description: The State of Oklahoma charged Matthew Don Kernal with knowingly receiving or concealing stolen property after prior convictions.

MATTHEW DON KERNAL, on or about 5/23/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of KNOWINGLY CONCEALING/RECEIVING STOLEN PROPERTY, a Felony, by unlawfully, feloniously, willfully and knowingly, conceal from Alfred Morlan, certain personal property of value, to-wit: laptop, checks, and other personal property, that had prior thereto on the 23rd day of May, 2014 been stolen from the owner thereof, the said defendant knowing or having reasonable cause to believe that said property was stolen, did then and there unlawfully receive, conceal and withhold said property from the owner thereof, with intent to deprive said owner thereof.

Title 21 O.S. Section 1713 provides:

A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe the same to have been stolen, embezzled, obtained by false pretense, or robbery, or who conceals, withholds, or aids in concealing or withholding such property from the owner, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not to exceed five (5) years, or in the county jail not to exceed one (1) year, or by a fine not to exceed Five Hundred ($500.00) or by both such fine and imprisonment.

B. Every person who, without making reasonable inquiry, buys, receives, conceals, withholds, or aids in concealing or withholding any property which has been stolen, embezzled, obtained by false pretense or robbery, or otherwise feloniously obtained, under such circumstances as should cause such person to make reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it shall be presumed to have bought or received such property knowing it to have been so stolen or wrongfully obtained. This presumption may, however, be rebutted by proof.

Outcome: Defendant pleaded guilty.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: The property that the Defendant had in his possession when arrested belonged to the Editor & Publisher of MoreLaw.