Description:
Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with:
Count # 1.
Count as Filed: LMFR, LARCENY OF MERCHANDISE FROM RETAILER, in violation of 21 O.S. 1731
Date of Offense: 10/09/2022
GWIN, JOHN ROBERT
Disposed: CONVICTION, 11/14/2022. Guilty Plea
Count as Disposed: LARCENY OF MERCHANDISE FROM RETAILER(LMFR)
Violation of 21 O.S. 1731
AVRITT, SHIRAH NETANYA
Disposed: DEFERRED, 06/24/2024. Guilty Plea
Count as Disposed: LARCENY OF MERCHANDISE FROM RETAILER(LMFR)
Violation of 21 O.S. 1731
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 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years, 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 felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years, 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 ($15,000.00) or more, the person shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, and by a fine not to exceed One Thousand Dollars ($ 1,000.00).
B. When three or more separate offenses under this section are committed within a ninety-day period, the value of the goods, edible meat or other corporeal property involved in each larceny offense may be aggregated to determine the total value for purposes of determining the appropriate punishment under this section.
C. In the event any person engages in conduct that is a violation of this section in concert with at least one other individual, such person shall be liable for the aggregate value of all items taken by all individuals. Such person may also be subject to the penalties set forth in Section 421 of this title, which shall be in addition to any other penalties provided for by law.
D. Any person convicted pursuant to the provisions of this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.
Outcome: JUDGE RODNEY SPARKMAN: DEFENDANT NOT IN CUSTODY, AND REPRESENTED BY COUNSEL, ATTORNEY OF RECORD AND THE STATE IS REPRESENTED BY JOSEPH COSTA. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES PRELIMINARY HEARING, WAIVES RIGHTS TO JURY, NON-JURY TRIAL. COURT ACCEPTS PLEA. DEFENDANT SENTENCED TO:
CT 1: EIGHTEEN (18) MONTHS TULSA COUNTY JAIL SUSPENDED SENTENCE, $500.00 FINE; $250.00 VICTIMS COMP PLUS COST.
CF-22-4012 AND CF-22-2045 RUN CONCURRENT
UNDER SUPERVISION OF DISTRICT ATTORNEYS OFFICE.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 & JUDGMENT AND SENTENCE ISSUED. BOND EXONERATED.
JUDGE RODNEY SPARKMAN: DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY COUNSEL. STATE REPRESENTED BY DAVID DOSSMAN. COURT REPORTER IS WAIVED. DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERED A PLEA OF GUILTY, WAIVED RIGHTS TO JURY, NON-JURY TRIAL, AND PRELIMINARY HEARING. THE COURT SENTENCES THE DEFENDANT AS FOLLOWS:
COUNT 1: COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR EIGHTEEN (18) MONTHS UNTIL 12/22/25 AT 9:30AM IN RM 413. DEFENDANT ASSESSED A $500.00 COURT FUND ASSESSMENT, $250.00 VICTIM COMPENSATION ASSESSMENT, PLUS COSTS.
DEFENDANT TO BE UNDER THE RULES AND CONDITIONS OF DISTRICT ATTORNEY SUPERVISION.
DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED, BOND EXONERATED.
Plaintiff's Experts:
Defendant's Experts:
Comments: