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§21-51.1.
§21-51.1.
A. Except as otherwise provided in the Elderly and Incapacitated
Victim's Protection Program, every person who, having been convicted
of any offense punishable by imprisonment in the State Penitentiary,
commits any crime after such conviction is punishable therefor as
follows:
1. 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 not less than ten (10) years.
2. If such subsequent offense is such that upon a first conviction the
offender would be punishable by imprisonment in the State Penitentiary
for five (5) years, or any less term, then the person convicted of
such subsequent offense is punishable by imprisonment in the State
Penitentiary for a term not exceeding ten (10) years.
3. If such subsequent conviction is for petit larceny, the person
convicted of such subsequent offense is punishable by imprisonment in
the State Penitentiary for a term not exceeding five (5) years.
B. Every person who, having been twice convicted of felony offenses,
commits a third, or thereafter, felony offenses within ten (10) years
of the date following the completion of the execution of the sentence,
shall be punished by imprisonment in the State Penitentiary for a term
of not less than twenty (20) years. Felony offenses relied upon shall
not have arisen out of the same transaction or occurrence or series of
events closely related in time and location. Nothing in this section
shall abrogate or affect the punishment by death in all crimes now or
hereafter made punishable by death.
§ 21-51.2. Second and subsequent offenses 10 years after completion of
sentence.
No person shall be sentenced as a second and subsequent offender under
Section 434 of this act, 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,
said person has not, in the meantime, been convicted of a misdemeanor
involving moral turpitude or a felony.
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