of sentence. Except as provided in Section 51.1a of this title, no person shall be sentenced as a second and subsequent offender under Section 51.1 of this title, or any other section of the Oklahoma Statutes, when a period of ten (10) years has elapsed since the completion of the sentence imposed on the former conviction; provided, the person has not, in the meantime, been convicted of a felony. Nothing in this section shall prohibit the use of a prior conviction for physical or sexually related child abuse as a prior conviction for second and subsequent offender purposes if the person is presently charged with a felony crime involving physical or sexually related child abuse. Added by Laws 1999, 1st Ex. Sess., c. 5, § 435, eff. July 1, 1999. Amended by Laws 2000, c. 245, § 2, eff. Nov. 1, 2000; Laws 2002, c. 455, § 2, emerg. eff. June 5, 2002; Laws 2018, c. 126, § 2, eff. Nov. 1, 2018.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2016–2022 · leading case:
Tucker v. State, 2016 OK CR 29, 395 P.3d 1.
Tucker v. State, 2016 OK CR 29, 395 P.3d 1.
· cites it 3× “That ten-year period may be prolonged if, between completion of the sentence on the former conviction and the current offense, a person was convicted of a misdemeanor involving moral turpitude, 21 O.S.2011, § 51.2. Tucker received the minimum sentence for assault and battery…”
Tucker v. State, 2016 OK CR 29.
· cites it 3× “21 O.S.2011, § 51.2. Tucker received the minimum sentence for assault and battery with a deadly weapon with one prior conviction, ten years.”
Coffman v. State, 2022 OK CR 23, 519 P.3d 101.
· cites it 2× “Also from McCurtain County, Case Nos. CF-1992-176 for Second Degree Burglary with a six (6) year sentence; CF-1988-45 for Larceny of a Motor Vehicle with an eight (8) year sentence; and CF-1984-42 for Assault with a Dangerous Weapon with a five (5) year sentence.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.