State of Oklahoma v. Kage Mathals Mendenhall

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with larceny of an automobile in violation of 21 O.S. 1720, which provides:

Any person in this state who shall steal an aircraft, automobile or other automotive driven vehicle, construction equipment or farm equipment shall be guilty of a Class D1 felony offense and, upon conviction, shall be punished by imprisonment as provided for in subsections B through F of Section 20N of this title if the value of the vehicle is less than Fifty Thousand Dollars ($50,000.00), or 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 if the value of the vehicle is Fifty Thousand Dollars ($50,000.00) or greater, or by a fine in an amount that is equal to three times the value of the property that was stolen but not more than Five Hundred Thousand Dollars ($500,000.00), or by both such fine and imprisonment. In addition, the person shall be ordered to pay restitution pursuant to Section 991f of Title 22 of the Oklahoma Statutes.

Class D1

186. Larceny of auto, aircraft, or other motor vehicle, value less than Fifty Thousand Dollars ($50,000.00), as provided for in Section 1720 of this title;

B. Any person convicted of a Class D1 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than five (5) years and shall serve at least twenty percent (20%) of the sentence imposed before release from custody including release to electronic monitoring pursuant to Section 510.9 of Title 57 of the Oklahoma Statutes.

DEFENDANT SWORN IN OPEN COURT. THE DEFENDANT WAIVES RIGHTS TO JURY AND NON-JURY TRIAL. THE DEFENDANT ENTERS A PLEA OF GUILTY. THE COURT ACCEPTS THE DEFENDANT'S PLEA. THE COURT FINDS THE DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:

THE STATE STRIKES THE SECOND PAGE.

COUNT 1: ONE (1) YEAR IN THE DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL.