Description:
Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with second degree burglary in violation of 21 O.S. 1435
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.
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.
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.
Outcome: 06-10-2024 CONVICTED
JUDGE SPARKMAN: DEFENDANT PRESENT, IN CUSTODY, AND REPRESENTED BY COUNSEL. STATE REPRESENTED BY MAGGIE PIANALTO. COURT REPORTER WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT CONFESSES TO STATE MOTION TO TERMINATE. DEFENDANT ENTERS A PLEA OF GUILTY, DEFENDANT PREVIOUSLY WAIVED RIGHTS TO JURY, NON-JURY TRIAL, COURT ACCEPTS PLEA, COURT FINDS DEFENDANT GUILTY, DEFENDANT SENTENCED TO:
COUNT 1: DEFENDANT SENTENCED TO FOUR (4) YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST SIXTY (60) DAYS TO BE SERVED IN THE CUSTODY OF THE TULSA COUNTY JAIL WITH CREDIT FOR TIME SERVED AND EARNED, AND THE REMAINING THREE (3) YEARS AND TEN (10) MONTHS TO BE SUSPENDED AND THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. DEFENDANT ASSESSED COSTS.
TERM TO BE SERVED AS FOLLOWS:
ALL COUNTS TO RUN CONCURRENT & CONCURRENT WITH CF-2017-595.
CREDIT FOR TIME SERVED AND EARNED; INCLUDING, BUT NOT LIMITED TO:
1/4/19-2/25/19,
5/21/24-PRESENT.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. RELEASE ISSUED. BOND EXONERATED.
Plaintiff's Experts:
Defendant's Experts:
Comments: