Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 01-23-2023
Case Style:
State of Oklahoma v. Sarah Beth Mills
Case Number: CF-2020-4699
Judge: Clifford J. Smith
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal law lawyer represented Defendant, charged with distribution of controlled sustance (drugs) in violation of 63 O.S. 2-401 and larcency of merchandise from a retailer in violation of 21 O.S. 1731.
63 O.S. 2-401 provides:
A. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person:
1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance;
21 O.S. 1731 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 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: DEFENDANT SWORN IN OPEN COURT. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHT TO JURY, NON JURY TRIAL. COURT ACCEPTS PLEA AND SENTENCES DEFENDANT TO:
COUNT 1: COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 3 YEARS UNTIL 1/20/2026 AT 9:30 AM IN ROOM 408. DEFENDANT UNDER NO SUPERVISION. DEFENDANT ASSESSED $100.00 COURT FUND, $100.00 VCA, 991 FEES, PLUS COSTS.
COUNT 2 :COURT WITHHOLDS A FINDING OF GUILT AND DEFERS FOR 3 YEARS UNTIL 1/20/2026 AT 9:30 AM IN ROOM 408. DEFENDANT UNDER NO SUPERVISION. DEFENDANT ASSESSED COSTS.
BOTH COUNTS TO RUN CONCURRENT WITH EACH OTHER.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 ISSUED. JUDGEMENT AND SENTENCE ISSUED. BOND EXONERATED.
Plaintiff's Experts:
Defendant's Experts:
Comments: