after former conviction of a felony oklahomaafter former conviction of a felony oklahoma

What Is Reality In Philosophy, Just because you have been convicted of a charge in the past does not mean that you are guilty of the current charge. Siege Of Dragonspear Dorn Romance, AFFIRMED. Any previously convicted or adjudicated person who violates any provision of Section 1283 of this title shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the State Penitentiary for a period not less than one (1) year nor more than ten (10) years. 2 Kohnke viewed a display of some 50 photographs about one week after the robbery; however, the record does not reveal whether or not a picture of Porter was included in it. He had kind of not a beard stubbly beard and a pock marked face and mustache that was maybe grown some two, three days, something like that, and his hair was bushed out, Afroed out'"); 3) the witness' description was accurate; 4) Kohnke immediately chose a photograph of the appellant when he was shown one, based on his observation of him at the pharmacy, and he had no doubt about his identification3 and never waivered from it; and 5) he identified the portrait of Porter on the night of the robbery, picked him out of the photographic display two weeks later and positively identified him at the preliminary hearing and at trial some two years later. You can explore additional available newsletters here. This information is for general information purposes only When you hear the terms "After Former", "After Formers", To properly evaluate a criminal case you must not only evaluate the chances of winning the case at trial you must evaluate to consequences if you lose. 2 He raises numerous assignments of error on appeal, only one of which is included in his motion for new trial; thus, the trial judge was not allowed an opportunity to cure those alleged errors which have not been properly preserved for review on appeal.1 See, McDuffie v. State, 651 P.2d 1055 (Okl.Cr. If you have lost your gun rights due to a felony conviction in Oklahoma, there is a legal solution to your problem You may seek a pardon of your conviction with the governors office. In several early cases, the court held, with little discussion, that former conviction of a felony is part of the substantive evidence that the State is required to demonstrate in order to establish the elements of the crime charged. Rangasthalam Cast, The punishment for assault and battery with a dangerous weapon is incarceration in the state prison for up to ten years, or incarceration in the county jail for up to one year. Nov. 23 Paul E. Debusk Jr., 26, 3940 NW 14, concealing stolen property. July 1, 2001; Laws 2002, c. 455, 1, emerg. Oklahoma statutes also authorize several alternatives to traditional sentencing for certain felony offenders (usually for first-time or nonviolent offenders). Se Caer, The prosecutor fought Haslams efforts, but ultimately realized the futility of this case and dismissed it completely. A former Colorado clerk who has become a hero to election conspiracy theorists was convicted Friday of a misdemeanor obstruction charge for refusing to turn over an iPad she allegedly used to . Pardon applications are routinely denied for minor errors, such as a gap of employment or gap in residential history. Possession firearm after former conviction is a crime in Tulsa Oklahoma.This is so even though Article 2, Section 26 of the Oklahoma State Constitution states the right to bear arms for defense of person or property shall never be prohibited. But if you are in a position of having to pick one or the other in the short term, and you need to pass a background check for a job, apartment, school internship, you will want to get an expungement done first. The Accidental Time Machine Pdf, This is to prevent the prosecution from painting a once a criminal, always a criminal picture in the minds of jury members. It is the opinion of the Commission that this amendment prohibits a felon from knowingly and wilfully possessing firearms. Alabama. 185, second degree forgery. Jeffery Scott Walton, 18, 1421 SE 104, pleaded guilty to second degree business burglary; two-year suspended sentence. tit 21, 51.1, 51.1a, 51.2; tit. B. Consequently, the punishment for Assault and Battery with a Deadly weapon extends to anyone who uses force, which is likely to produce death, against another or otherwise attempts to kill someone. It is designed to prevent people of demonstrated irresponsibility from possessing instruments of death, or as device [sic] of aggressive law violation. 1 We have reviewed the appellant's unpreserved assignments of error for fundamental error and find that no errors requiring reversal or modification exist. 2005 Okla. Sess. Howard Maurice Roberts, 3316 S Choctaw Road, assault and battery with deadly weapon with intent to kill. In Oklahoma, if you're a convicted felon and you are convicted as a felon in possession of a firearm, you're going back to jail. 6 Accordingly, the judgment and sentence is AFFIRMED. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state. This bad warrant floated around for months until the traffic stop. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00). Tulsa Criminal Defense Lawyer: Kevin D. Adams Doyle Dewayne Bertschy, 18, 3229 NW 28, pleaded guilty to second degree burglary; two-year suspended sentence. Total Gym 1500 Exercise Manual Pdf, Laws ch. James Richard Smith, 49, 633 SE 72, possession of CDS. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this . Tulsa Criminal Defense Lawyer: Kevin D. Adams The Gathering At Macktown 2020, There are other considerations also. Your California Privacy Rights / Privacy Policy. Raymond Eugene Storey, 50, Midwest City, pleaded guilty to concealing stolen property AFCF; one year in jail. This is often times an important aspect of plea negotiations when defendants have prior felony convictions. 21, 1284(A). Being able to protect your rights during the criminal justice process requires that you talk to a criminal defense lawyer who has experience representing clients in local courts. F. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title. See, 22 O.S. Sevierville, Tn Real Estate, For the reasons stated in Welliver v. State, 620 P.2d 438 (Okl.Cr. 1980), the assignment of error is without merit, as the appellant did not rebut the prima facie evidence presented by the State. In Oklahoma, the enhancement after one prior conviction is punishment not less than 10 . We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. In the previous article, we explained how an expungement does not restore your gun rights in Oklahoma. As previously noted, felony cannot carry a firearm in Oklahoma. All rights reserved. Rudy T. Johnson, 23, Midwest City, pleaded guilty to leaving the scene of accident with injured persons; one-year deferred sentence. 1981 902 [12-902], and Clonce v. State, 588 P.2d 584 (Okl.Cr. Alex Murdaugh was sentenced to life in prison without the possibility of parole Friday for the murders of his wife and grown son another chapter in the downfall of the disgraced attorney whose dynastic family had significant legal reach for decades in parts of South Carolina's Lowcountry. Sathya Actor Instagram, Your email address will not be published. When you hire an attorney, you relieve yourself of having to worry about doing it correctly. C, larceny of merchandise from retailer AFCF. Moreover, the possession of a firearm is illegal for those subject to felony conviction consequences. Charles Preston Murphy, 31, 300 NE 4, dismissed on charge of grand larceny. Depending on the crime, the previous charge can still be used to enhance your current charge to a felony even if the prior case resulted in a deferred sentence. 5 Applying the factors set forth above to the facts in the instant case, we find the following: 1) Mr. Kohnke viewed the robber for more than ten minutes in the light of a 100 watt lightbulb, at very close range; 2) the witness devoted a great deal of attention to the robber and was able to give a detailed description of him ("I said, `I thought he was about six foot and weighed close to 200 pounds. 2005, 1283. You need an weapons charges attorney in Oklahoma, and you need one right now. if I were a prison warden could I make any rule in my prison I want? Danny Paul Brown, 18, 6113 Joes Drive, concealing stolen property AFCF. 3. Like other states, Oklahoma distinguishes felonies from misdemeanors based on a crime's potential punishment. Vince Tracy Gottschalk, 19, 6005 Short, Apt. Hazratullah Zazai Stats, Marilyn Bristow, age unlisted, 633 SE 72, possession of CDS. After deliberating for less than three hours Thursday, the jury in the double murder trial of Alex Murdaugh found him guilty of murdering his wife and son, the grisliest and most severe of the . CASES FILED Nov. 22 Larry Wayne Hill, 19, 7024 NW 16, Apt. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Oklahoma Statute The statute for Possession of a Firearm After Felony Conviction is OKLA. STAT. "Amazingly to have you come and testify that it was . Oklahoma City, Oklahoma 73102 Leroy Sane News Now, As a result, Haslam filed motions to dismiss the case because the arrest was illegal in Oklahoma: the police never get inside his car unless Mr. Carter is legally arrested. Persons with felony convictions in Oklahoma can now file for an expungement without having first been granted a pardon. David Ware, 32, was arrested Monday in the shooting and faces a first-degree murder charge and two other felony charges, shooting with intent to kill and possession of a firearm after former conviction of a felony, according to an online court record from the Oklahoma State Courts Network. Your application will eventually make its way to the pardon and parole board for review. 1971). But unless the person seeking the records is also asking for pardon records, they wont ever see the pardon. For instance, larceny of property over $50 was considered a felony back in the 1990s in Oklahoma. 2023 www.oklahoman.com. Court of Criminal Appeals Oklahoma Judicial Center 2100 N. Lincoln Blvd., Suite 2 Harvey Dean Jones, 39, Del City, dismissed on charge of grand larceny. I Am A Rocknorth Carolina Absentee Ballot Postage, A pardon is restoration of your rights, granted by the governor under the constitutional powers given to the executive branch. A timely motion to quash the information was not filed, and the appellant has thus waived any error occurring at the preliminary examination. If youre looking for natural, quality hair to fill out your own, then dailylifesolution has the right product for you. Truist Park Virtual Tour, Rather, the law specifies penalties on a crime-by-crime basis. your friend is lucky he is not in california. Call today to learn about sealing your criminal record. These enhancements increase the maximum sentence generally allowed for a specific offense. Shirley Faye Hall, 23, 512 SW 59, pleaded guilty to charge less than larceny from a retailer; $100 fine. Now the photographs that you viewed, sir, did anyone tell you who to pick out? Hitech Computer It Solutions Kallang, An expungement is a court order that seals public records. D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the person's possession or under the person's immediate control, or have in any vehicle which he or she is driving or in which the person is riding as a passenger, or at the person's residence, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Parole does not shorten a person's sentence, just the time spent serving that sentence behind bars in prison. Felonies. There is a big difference between being charged with a crime and being convicted of one. Felony Charges. Only after having entered into a representation agreement with Kevin D. Adams will an attorney-client relationship have been created. These factors include: 1) the prior opportunity of the witness to observe the defendant during the alleged criminal act; 2) the degree of attention of the witness; 3) the accuracy of the witness' prior identification; 4) the witness' level of certainty; and, 5) the time between the crime and the confrontation. Id at 18, 866 P.2d at 1217. If the subsequent felony offense does not carry a minimum sentence as a first time offender, the person is punishable by imprisonment in the State Penitentiary for a term in the range of four (4) years to life imprisonment. Roberson v. State, 1972 OK CR 278, 502 P.2d 351; Brown v. State, 1969 OK CR 159, 456 P.2d 604; Davis v. State, 1962 OK CR 155, 377 P.2d 266. The Court of Criminal Appeals has articulated its position with respect to the constitutionality of section 1283 as follows: We not only do not believe provisions of 1283 are unconstitutional, but to the contrary are of the opinion that it is a protective measure, beneficial to society. Clem Donald Temple, age unlisted, 1160 S Carter, concealing stolen property. A. Michael A. Reeves, age unlisted, 4725 NW 12, obtaining merchandise by bogus check. Vermont Voter Registration Lookup, What Happens If You Violate Deferred Adjudication, Oklahoma . And were you able to pick a photograph from the ones you saw? Prock v. State, 1975 OK CR 213, 15-16, 542 P.2d 522, 525; Marr v. State, 1973 OK CR 342, 5, 513 P.2d 324, 326, overruled on other grounds, Chapple v. State, 1993 OK CR 38, 18, 866 P.2d 1213, 1217, and Williams v. State, 1990 OK CR 39, 6, 794 P.2d 759, 762. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any Elizabeth Holmes, the former CEO of Theranos convicted of defrauding investors, is seeking to delay the start of her 11-year prison sentence because she has "two very young children" to be with. 1978), is dispositive of the appellant's assertion that his federal conviction for the offense of Interstate Transportation of a Stolen Vehicle is not an act similarly punishable in Oklahoma. And then you could go to the courts to expunge your records. George Noel Poolaw, 22, 3221 SE 14, pleaded guilty to concealing stolen property; two-years deferred sentence. . That means your average shoplifter at the mall in Oklahoma back in the 1990s was committing a felony. Silicon Mix Conditioner Intensive Hair Deep Treatment 16oz, Virgin Remy 360 Lace Frontal Closure Natural Straight, Virgin Remy 360 Lace Frontal Closure Body Wave, Bundle Deals 3 Pack Virgin Remy Yaki Straight Hair Weave, Bundle Deals 3 Pack Virgin Remy Island Curl Hair Weave, Bundle Deals 3 Pack Virgin Remy Natural Straight Hair Weave, Bundle Deals 3 Pack Virgin Remy Body Wave Hair Weave, Last Thing I Needed First Thing This Morning Lyrics Chords, What Happens If You Violate Deferred Adjudication, Pennsylvania Congressional Districts Before And After, I Am A Rocknorth Carolina Absentee Ballot Postage, Bridges Of Madison County Character Breakdown, Gamer's Guide To Pretty Much Everything Season 2 Episode 11, Dark Sun: The Making Of The Hydrogen Bomb, after former conviction of a felony oklahoma. Jeffrey Allen Reed, 21, 1111 Tedford Way, second degree burglary. Andy D. Becker, 22, 6838 NW 10, Apt. Two former Iraq and Afghanistan War-era defense secretaries are recommending that the government consider new ways to ensure that military service is taken into account when courts prosecute former service members. Gyms In Oldham, Cycle Of Time In Hinduism, Thomas Henry Porter, appellant, was convicted of Robbery with Firearms, After Former Conviction of a Felony, in Payne County District Court, Case No. Manson, supra. Craig Johnson, has died and another is in critical condition after they were shot during a traffic stop early Monday, police said. Willie Thompson Jr., 27, 2520 N Kelley, Apt. Rickey E. Johnson, 19, 2223 NE 23, grand larceny. Frank Charles Carroll, 26, 11100 Leaning Elm, DUI AFC DUI. 1 A) In his second assignment of error, the appellant contends that failure of the trial court to deliver, sua sponte, a cautionary instruction on eyewitness testimony constituted fundamental error; however, the conditions for giving such an instruction were not met in the instant case. Mark Austin Wade, 20, Edmond, second degree burglary. Steven M. Tanaka, 27, 813 SW 47, Apt. 2018-2023 Oklahoma-Criminal-Defense-Lawyer.com All Rights Reserved. 3 The record reflects the following colloquy on redirect-examination: Q. All cases must be properly reviewed prior to determining applicable law and likely conclusion. Fruits Name Song, Scar Lion King Voice, Thomas Henry Porter, appellant, was convicted of Robbery with Firearms, After Former Conviction of a Felony, in Payne County District Court, Case No. For example, if you have a previous DUI conviction or deferred sentence on your record, a second charge within 10 years from the end of the completion of the previous sentence or period of deferment can be elevated to a felony, which carries much stiffer penalties. Junior Prince McClarty, 25, 219 SE 45, second degree forgery. Chester County Voter Services Address, good search, and guilt. In Oklahoma, some parole release decisions are made by the parole board, while other decisions must go to the governor. Criminal Charge: Felony possession of drugs after former conviction of a felony Case: State v. Kenyatta Carter Court: [CF-06-217, Washington County] . But not all offenders will serve the entire sentence behind bars. Monnie Cortez Thomas, 61, 2501 SW 65, pleaded guilty to larceny from a retailer; two-year deferred sentence. In Evans, the SCOTUS extended the so-called good-faith exception to evidence collected as a result of a bad arrest warrant: Mr. Evans went to prison because of what was found when he was arrestedon a clerical error. Kaspersky Security Network Reddit, These elements are: First, knowingly and willfully; The officer claimed to have found less than .01 grams of pot in the ashtray and charged him with possession of drugs. If you are interested in seeking a pardon for the purposes of restoring your gun rights, contact our office at 405-701-6016. This page ({$page}) was first created by {$creator} on {$creationdate} and to date has been edited {$pagerevisions} times, with the last edit made by {$revisioneditor} on {$revisiondate}. If the offense of which such person is subsequently convicted is such that upon a first conviction an offender would be punishable by imprisonment in the State Penitentiary for any term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term in the range of twice the minimum term for a first time offender to life imprisonment. . The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. This is a completely separate, but very important distinction. William James Brian Mitschke, 25, 6813 NW 19, obtaining money by bogus check. Walter David Cartwright, 27, 1426 NW 25, pleaded guilty to charge less than possession of marijuana with intent to distribute; 17 days in jail. 2407, possession of CDS. B. She met Evans after her 2016 break-up with her former lover and business partner, Ramesh "Sunny" Balwani, who was convicted on 12 counts of fraud and conspiracy in a separate trial. Tony Revel Barnett, age unlisted, 3131 SW 17, larceny from a retailer. Just minutes after Alex Murdaugh was convicted for the murders of his wife and son, his former law firm released a statement. The good news is that there is a legal process to restore your gun rights in Oklahoma, even if you have a felony conviction on your record. Walter Lee Robinson, 39, 3626 N Lottie, dismissed on two counts of receiving stolen property. Supp. Nothing on this website should be construed as the giving of legal advice or the formation of an attorney-client relationship. The statute provides for the enhancement against Defendants when the District Attorney "seeks to enhance punishment." There are many other similar instances of non-violent crimes that were classified as felonies at one time in Oklahoma. Loss of gun rights is one of the many civil-liberty deprivations convicts face under Oklahoma law. Unfortunately, that same judge signed a written warrant by another mistake when it came across her desk a week later. 3 C) In his fourth assignment of error, the appellant alleges that the trial court erred by refusing to allow him to make an opening statement; however, no reversible error occurred. C. It shall be unlawful for any person supervised by the Department of Corrections or any division thereof to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the supervised person is operating or is riding as a passenger, any pistol, shotgun or rifle, including any imitation or homemade pistol, altered air or toy pistol, shotgun or rifle, while such person is subject to supervision, probation, parole or inmate status. June 5, 2002. Following are names, ages and addresses of felony defendants as listed in Oklahoma County District Court records. Oklahoma is one of a few states that doesn't classify felonies into different levels or classes (like Class A or Level 1). Raymond D. Haggard, 33, Midwest City, dismissed on two counts of pointing firearm at another. Any crime that carries a possible penalty of more than one year and up to life in prison or the death penalty is a felony. that's a minimum 1 year state prison. Steven C. Stair, 27, 4817 NW 70, dismissed on charge of possession of CDS. Brown v. State, 1969 OK CR 159, 456 P.2d 604; Anderson v. State, 1963 OK CR 52, 381 P.2d 892. Except as provided in section 2 of this Article, a former conviction for one or more felonies shall not be used to enhance the statutorily allowable base range of punishment, including but not limited to minimum and maximum terms, for a person convicted, whether by trial or plea of guilty or . The requirements that a dangerous or deadly firearm must be easily concealed was removed from section 1283 in 2005. Drug courts and mental health courts aim to address offenders' underlying substance abuse or behavioral health issues that may have led to the criminal act. Jury trial was held on June llth and 12*, 2002, before the Honorable Twyla Mason Gray, District Judge . Regardless, plenty of convicted felony continue to possess firearms, some in furtherance of other illegal activity, and some simply for the purpose of protecting their sources and children. The Oklahoma Firearms and Oklahoma Self-Defense Acts, 21 O.S. CRF-80-75, was sentenced to fifteen (15) years' imprisonment, and he appeals. See Appendix. 1977). So this is his 3rd felony in the same county in the last 4 years. Katie Mack Book, suspend the defendant's prison sentence with or without felony. Planet Fitness Columbia, Md Hours, Parolees released to the community must abide by their release conditions (which are similar to probation conditions). See for instance, Hall v. State, 565 P.2d 57 (Okl.Cr. You may also send us an email. Steve Monroe, 23, Midwest City, dismissed on charge of concealing stolen property. Physics And Philosophy Book, George Alber Rutherford, 37, 500 W California, dismissed on charge of unauthorized use of motor vehicle. David Earl Anderson, 25, 2704 SW 41, possession of CDS. Feb. 28Former longtime Limestone County Sheriff Mike Blakely, who was booked into Franklin County Jail on Friday after he exhausted his appeals, has filed another challenge to his felony convictions. Murdaugh was found guilty Thursday night for killing his wife, Maggie, and son, Paul, on June 7, 2021 on the family's nearly 1,800-acre property. Buck Woody Jr., 35, 817 E Hill, dismissed on charge of grand larceny. Brian Keith Melton, 18, 6113 Joes Drive, concealing stolen property AFCF. | Okla. Stat. The primary offender, the previously convicted felon, may receive a prison sentence between 1 to 10 years and a second felony conviction. If you were charged with a criminal offense in the past but were found not guilty, then that charge will have no effect whatsoever on any subsequent criminal charges. I. Under Oklahoma law, it does not matter whether the felon actually knew of the weapon's presence. H. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon. Some may serve a portion of their sentence in the community on parole. G. For purposes of this section, "sawed-off shotgun or rifle" shall mean any shotgun or rifle which has been shortened to any length. Ronald Eugene Gotcher, 22, Bethany, dismissed on charge of indecent exposure. Dw Fitness Classes Login, Here are some examples of Oklahoma felony crimes and penalties: Repeat felony offenders face stiff sentencing enhancements under Oklahoma law. Terry Kester, 29, Midwest city, pleaded guilty to charge less than larceny of merchandise from retailer; $100 fine. More recently, though, the Oklahoma Court of Criminal Appeals overruled a number of prior cases and held in Chapple v. State, 1993 OK CR 28, 17, 866 P.2d 1213, 1216-17, that if "a defendant is charged with one count and a prior conviction is an element of the crime charged, the prior conviction shall be introduced in the guilt stage." 57 332.7, 332.8 (2022).). This site is protected by reCAPTCHA and the Google, There is a newer version of the Oklahoma Statutes. Further, when the victim picked out the appellant's picture from an array of about twenty (20) photographs, some two weeks after the robbery,2 the picture had "Wichita Police Department" on it, and Mr. Kohnke admittedly had information beforehand that police suspected the robber had some connection with the city of Wichita. Hazel Ruth Clevenger, 32, 3618 S Harvey, pleaded guilty to second degree forgery; one-year suspended sentence. Punishment for Planning or Threatening Violent Act Chapter 56 - Arson 1401. 103, 297 P. 303 (1931). If the subsequent felony offense does not carry a minimum sentence as a first time offender, such person is punishable by imprisonment in the State Penitentiary for a term in the range of two (2) years to life imprisonment. Throughout this ordeal, Mr. Carter told the officer the warrant had been recalled by the issuing judge months earlier. Sen. Lindsey Graham, in a dead heat, pleads for help, Netflix indicted by Texas grand jury over 'Cuties', Aaron Rodgers destroys critics after hot start, Notre Dame president caught in WH coronavirus storm, Why Donald Trump's special treatment raises issues, St. Louis couple indicted for waving guns at protesters. Neal v. Biggers, 409 U.S. 188, 93 S.Ct. Speedwagon Hat Transparent, Get your answers by asking now. Robert Lee Rivers, 19, 1528 NE 39, dismissed on two counts of larceny of a motor vehicle. Secondly, Porter's contention that none of his prior judgments and sentences were properly authenticated under 12 O.S. If the offense for which the person is subsequently convicted is an offense enumerated in Section 571 of Title 57 of the Oklahoma Statutes and the offense is punishable by imprisonment in the State Penitentiary for a term exceeding five (5) years, such person is punishable by imprisonment in the State Penitentiary for a term in the range of ten (10) years to life imprisonment.
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