US Laws, Codes, Statutes & Cases

A. A person who is convicted of two or more felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions as defined in section 13-604 shall be sentenced, for the second or subsequent offense, pursuant to this section.

B. A person sentenced pursuant to this section 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. The presumptive term for paragraphs 1 through 4 of this subsection may be aggravated within the range under this section pursuant to section 13-702, subsections B, C and D. The presumptive term for paragraph 3 or 4 of this subsection may be mitigated within the range under this section pursuant to section 13-702, subsections B, C and D. The terms are as follows:

1. For the second dangerous felony offense:

          Felony        Minimum           Maximum
          Class 2       10.5 years        21 years
          Class 3       7.5 years         15 years
          Class 4       6 years           8 years
          Class 5       3 years           4 years
          Class 6       2.25 years        3 years
 

2. For any dangerous felony offense subsequent to the second dangerous felony offense:

          Felony        Minimum           Maximum
          Class 2       15.75 years       28 years
          Class 3       11.25 years       20 years
          Class 4       10 years          12 years
          Class 5       5 years           6 years
          Class 6       3.75 years        4.5 years
 

3. For the second nondangerous felony offense:

          Felony        Minimum           Presumptive       Maximum
          Class 2       4 years           5 years           10 years
          Class 3       2.5 years         3.5 years         7 years
          Class 4       1.5 years         2.5 years         3 years
          Class 5       .75 years         1.5 years         2 years
          Class 6       .5 years          1 year            1.5 years
 

4. For any nondangerous felony offense subsequent to the second felony offense:

          Felony        Minimum           Presumptive       Maximum
          Class 2       6 years           9.25 years        18.5 years
          Class 3       4.5 years         6.5 years         13 years
          Class 4       3 years           4.5 years         6 years
          Class 5       1.5 years         2.25 years        3 years
          Class 6       1 year            1.75 years        2.25 years
 

C. For a person sentenced pursuant to subsection B, paragraph 1 or 2 of this section, the minimum term prescribed shall be the presumptive term.

D. For a person sentenced pursuant to subsection B, paragraph 1, 2, 3 or 4 of this section, the court may increase the maximum sentence otherwise authorized by up to twenty-five per cent.

E. For a person sentenced pursuant to subsection B, paragraph 3 or 4 of this section the court may decrease the minimum sentence otherwise authorized by up to twenty-five per cent.

F. 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.

G. 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.