§ 13-3419 — Multiple drug offenses not committed on the same occasion; sentencing

A. Except for a person convicted of possession offenses pursuant to section 13-3405, subsection A, paragraph 1, section 13-3407, subsection A, paragraph 1 or section 13-3408, subsection A, paragraph 1, a person who is convicted of two or more offenses under this chapter that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions shall be sentenced for the second or subsequent offense pursuant to this section. The person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted, except that a person sentenced pursuant to paragraph 1 of this subsection shall be eligible for probation. The presumptive term for paragraph 1, 2, 3 or 4 of this subsection may be aggravated under this section pursuant to section 13-701, subsections C and D. The presumptive term for paragraph 1, 2 or 3 of this subsection may be mitigated within the range under this section pursuant to section 13-701, subsections C and E. The terms are as follows:

1. For two offenses for which the aggregate amount of drugs involved in one offense or both of the offenses is less than the statutory threshold amount for the second offense:

FelonyMitigatedMinimumPresumptiveMaximumAggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

2. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses is less than the statutory threshold amount for any offense subsequent to the second offense:

FelonyMitigatedMinimumPresumptiveMaximumAggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

3. For two offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for the second offense:

FelonyMitigatedMinimumPresumptiveMaximumAggravated

Class 2 3 years 4 years 5 years 10 years 12.5 years

Class 3 1.8 years 2.5 years 3.5 years 7 years 8.7 years

Class 4 1.1 years 1.5 years 2.5 years 3 years 3.7 years

Class 5 .5 years .75 years 1.5 years 2 years 2.5 years

4. For three or more offenses for which the aggregate amount of drugs involved in one offense or all of the offenses equals or exceeds the statutory threshold amount for any offense subsequent to the second offense:

FelonyMinimumPresumptiveMaximumAggravated

Class 2 4 years 7 years 12 years 15 years

Class 3 2.5 years 5 years 9 years 11.2 years

Class 4 1.5 years 3 years 5 years 6.2 years

Class 5 .75 years 2.5 years 4 years 5 years

B. If the court increases or decreases a sentence pursuant to this section, the court shall state on the record the reasons for the increase or decrease.

C. The court shall inform all of the parties before the sentencing occurs of its intent to increase or decrease a sentence pursuant to this section. If the court fails to inform the parties, a party waives its right to be informed unless the party timely objects at the time of sentencing.