State of Oklahoma v. Clinton Joseph Cox

Hobart, Oklahoma, criminal defense lawyer represented the Defendant charged with grand larceny, in violation of 21 O.S. 1705.

Title 21, Section 1701 of the Oklahoma Statutes defines larceny as the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. 21 O.S.2021, § 1701. Section 1703 divides larceny into two degrees, petit and grand larceny. 21 O.S.2021, § 1703. Section 1704 provides that grand larceny is committed in two cases: (1) when the value of the taken property is $1,000.00 or more; or (2) when property, not valued at $1,000.00 or more, is taken from the person of another. 21 O.S.2021, § 1704. Section 1704 further provides that larceny in other cases is petit larceny. Id. Sections 1701, 1703, and 1704 plainly set out the elements of petit and grand larceny. The plain and ordinary language of Section 1704 shows that grand larceny can only be accomplished when property is valued at $1,000.00 or more, or when lesser valued property is taken from the person of another.

Sections 1705 and 1706 then set forth the penalties for grand and petit larceny, respectively. See Lewis v. State, 1969 OK CR 26, ¶ 4, 449 P.2d 930, 931 ("It is a familiar rule that the fixing of penalties for crimes is a matter within legislative function."). Statutory provisions that only address punishment should not be read to define the circumstances under which an act becomes an offense. Newlun, 2015 OK CR 7, ¶ 11, 348 P.3d at 212. Thus, the Legislature's decision to include firearm only in the punishment provision makes clear that only after an act has been determined to be grand larceny is the appropriate penalty determined by the language of Section 1705. Section 1705 provides:

A. Grand Larceny is a felony punishable as follows:

1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment in the county jail for a term not to exceed one (1) year or by incarceration 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, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;

3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or

4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

21 O.S.2021, § 1705(A)

The Defendant was found guilty.

The Judgment and Sentence is REVERSED, and the matter is REMANDED to the district court with instructions to MODIFY the conviction to misdemeanor petit larceny and to MODIFY Appellant's sentence to six months in the county jail. 22 O.S.2021, § 1066.