Court of Criminal Appeals of Oklahoma, 1971

Johnson v. State

Johnson v. State
Court of Criminal Appeals of Oklahoma · Decided November 10, 1971 · Bussey, Brett
492 P.2d 329; 1971 OK CR 473; 1971 Okla. Crim. App. LEXIS 1004 (Pacific Reporter, Second Series)

Johnson v. State

Opinion of the Court

BUSSEY, Presiding Judge:

Donna Louise Johnson, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Tulsa County, Oklahoma for the offense of Grand Larceny. Her punishment was fixed at four (4) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

It would appear that the statement of facts and the propositions asserted are identical in the instant case, as that in Mills v. State, Okl.Cr., 492 P.2d 328. Because of the reasons set forth in Mills, supra, i. e., the giving of a good-time credit instruction, the judgment and sentence is accordingly modified to a term of two (2) years, and as so modified, the judgment and sentence is affirmed.

BRETT, J., concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.