State of Oklahoma v. Anthony Gabino Serna

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with larceny of merchandise from a retailer in violation of 21 O.S. 1731, which provides:

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

1. For the first or second conviction, in the event the value of the goods, edible meat, or other corporeal property which has been taken is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor 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 or second 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. For a third or subsequent conviction, in the event the value of the goods, edible meat, or other corporeal property which has been taken is less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, and by a fine not exceeding One Thousand Dollars ($1,000.00);

3. In the event the value of the goods, edible meat, or other corporeal 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 guilty of a Class D3 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of this title, and by a fine not to exceed One Thousand Dollars ($1,000.00);

4. In the event the value of the goods, edible meat, or other corporeal 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 guilty of a Class D1 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20N of this title, and by a fine not to exceed One Thousand Dollars ($1,000.00); or

5. In the event the value of the goods, edible meat, or other corporeal property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be guilty of a Class C2 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20M of this title, and by a fine not to exceed One Thousand Dollars ($1,000.00).

JUDGE DAVID GUTEN: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY GLEN GRAHAM. STATE REPRESENTED BY SYDNEY CASEBOLT. COURT REPORTER: WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT WAIVES JURY/NON JURY TRIAL, ENTERS A PLEA OF GUILTY. DEFENDANT SENTENCED AS FOLLOWS:

COUNT 1: DEFENDANT SENTENCED TO FOUR (4) YEARS IN THE DEPARTMENT OF CORRECTIONS - SUSPENDED AND UNDER THE SUPERVISION OF DEPARTMENT OF CORRECTIONS- PROBATION AND PAROLE. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $500.00, VICTIM'S COMPENSATION FUND IN THE AMOUNT OF $250.00, PLUS COSTS. DRUG AND ALCOHOL ASSESSMENT AND FOLLOW ALL RECOMMENDATIONS. NO CONTACT ORDER WITH TARGET STORES.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED.