JOHNSON v. STATE

JOHNSON v. STATE
1971 OK CR 473
492 P.2d 329
Case Number: A-15749
Decided: 11/10/1971
Oklahoma Court of Criminal Appeals

An appeal from the District Court of Tulsa County; Raymond W. Graham, Judge.

Donna Louise Johnson was convicted for the crime of Grand Larceny. Her punishment was fixed at four (4) years in the state penitentiary, and she appeals. Modified to a term of two (2) years imprisonment. Modified and affirmed.

Frazier, Harris, Dyer, Pate & Hopper, Tulsa, for plaintiff in error.

Larry Derryberry, Atty. Gen., Paul Ferguson, Asst. Atty. Gen., Chief, Crim. Div., S.M. Fallis, Jr., Dist. Atty., J. Pat Thompson, Asst. Dist. Atty., for defendant in error.

BUSSEY, Presiding Judge:

¶1 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.

¶2 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.