State v. Johnston

OPINION

BUSSEY, Presiding Judge:

This is an appeal brought by the State of Oklahoma, under authority of 22 O.S.Supp. 1975, § 1053.1 from an order of the District Court, Oklahoma County, holding part of 22 O.S.1971, § 991a, unconstitutional.

Alice Mae Johnston, also known as Frances Rochelle Gaines, hereinafter referred to as the defendant, entered a plea of guilty to the charge of Larceny of Merchandise from a Retailer, in violation of 21 O.S.1971, *1016§ 1731. A presentence report reflected four prior felony convictions in State court and one conviction in Federal court. Judge Floyd Martin sentenced…