State of Oklahoma v. Rachel Caroline D'Elia

Oklahoma City, Oklahoma, criminal defense lawyer represented the Defendant charged with second-degree burglary in violation of 21 O.S. 1435, which provides:

A. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree, a Class C1 felony offense, punishable by imprisonment as provided for in subsections B through E of Section 20L of this title.

B. Every person who breaks and enters, climbs under, or uses any jack stands or any other item to raise any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to:

1. Steal any property therein;

2. Steal any property attached thereto; or

3. Commit any felony,

is guilty of burglary in the third degree, a Class D1 felony offense, punishable by imprisonment as provided for in subsections B through F of Section 20N of this title.

C. As used in subsection B of this section, the term "property attached thereto" includes, but is not limited to, tires, wheels, and catalytic converters.

JUDGE HUDSON: THE DEFENDANT APPEARS IN PERSON WITH ATTORNEY A. EASTON. THE STATE APPEARS BY ADA G. CUTRUZZULA. THE DEFENDANT ENTERS A NEGOTIATED PLEA OF GUILTY & IS SENTENCED TO: COUNT 1) 5 YEAR SUSPENDED SENTENCE - ALL UNDER THE SUPERVISION OF DOC (5 YR S/S). THIS CASE IS TO RUN CONCURRENTLY WITH CLEVELAND COUNTY CASE CF-22-185. THE DEFENDANT IS TO PAY 991 FEES, $100 FINE, $45 VCA, $50 DA FEE, & COURT COSTS. ALL COURT COSTS ARE DUE INSTANTER. ANY BOND NOT IN FORFEITURE STATUS IS EXONERATED. COURT REPORTER WAIVED.