CrimLaw

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Spit on an officer spend your entire life in prison.

Yesterday I saw but didn't get around to commenting on this and Matt over at Stop the Bleating! commented on it (and was kind enough to tell me about it) and Eugene Volokh comments that he hopes it will be overturned on State Constitutional grounds.

Here's the statute. It doesn't have a specific penalty attached so here's the general punishment for a felony in Oklahoma. It doesn't appear under the minimum sentence section. So he must have been sentenced under the multiple offender statute:

O.S. sec 51.1-4.C. Every person who, having been twice convicted of felony offenses, commits a subsequent felony offense within ten (10) years of the date following the completion of the execution of the sentence, and against whom the District Attorney seeks to enhance punishment pursuant to this section of law, is punishable by imprisonment in the State Penitentiary for a term in the range of three times the minimum term for a first time offender to life imprisonment. 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. 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.

I suspect that this guy has a substantial record if the judge brought the wrath of God down on him like that.

Still, seems a wee bit excessive.

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