State of Oklahoma v. Abigail Suzanna Ironsheild

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with unauthorized use of a vehicle in violation of 47 O.S. 4-102, which provides:

A. A person not entitled to possession of a vehicle who, without the consent of the owner and with intent to deprive the owner, temporarily or otherwise, of the vehicle or its possession, takes, uses or drives the vehicle shall, upon conviction, be guilty of a Class D3 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20P of Title 21 of the Oklahoma Statutes.

B. Any person convicted of a Class D3 criminal offense set forth in this section shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years and shall serve at least ten percent (10%) 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.

C. 1. Every person who, having been previously convicted of one or two Class C or Class D criminal offenses, commits a Class D3 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than four (4) years and shall serve at least ten percent (10%) 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.

2. Every person who, having been previously convicted of three Class C or Class D criminal offenses, or one or more Class Y, Class A, or Class B criminal offenses, commits a Class D3 criminal offense shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than ten (10) 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.

D. Unless specifically exempted pursuant to subsection E of this section, Section 51.1 of Title 21 of the Oklahoma Statutes shall not apply to Class D3 criminal offenses.

E. The criminal offenses listed in paragraphs 69, 124, 127, and 177 of subsection A of this section shall be exempt from the penalty provisions provided for in subsections B and C of this section. Persons convicted of the criminal offenses provided for in paragraphs 69, 124, 127, and 177 of subsection A of this section shall be punished in accordance with the corresponding penalties provided for in the Oklahoma Statutes including Section 51.1 of Title 21 of the Oklahoma Statutes.

F. All Class D3 criminal offenses shall be punishable by the corresponding fines as provided for in the Oklahoma Statutes.

Deferred sentence.