Legal Opinion · Concurrence

Nowlin v. State

Court of Criminal Appeals of Oklahoma

Decided October 29, 2001No. F-2000-1379Published

1ConcurrenceChapel, J.

T1 On a single day, Nowlin stole power tools in Canadian County. He took the tools into Oklahoma County and pawned them. Nowlin was convicted in Oklahoma County of concealing stolen property because he pawned the tools. After that conviction, he was prosecuted for grand larceny in Canadian County. I reluctantly agree with the majority that, technically, the second prosecution does not violate double jeopardy or the statutory prohibition against double punishment. I reach this conclusion for two reasons. First, grand larceny, the later-charged crime, contains elements which differ from those…

2Cases cited3 opinions

  1. Walls v. StateCourt of Criminal Appeals of Oklahoma · 1971
  2. Coughran v. StateCourt of Criminal Appeals of Oklahoma · 1977
  3. Bussett v. StateCourt of Criminal Appeals of Oklahoma · 1982

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