2005 Arizona Revised Statutes - Revised Statutes §13-702.01  Exceptional circumstances; aggravation; mitigation; definition

A. Notwithstanding section 13-702, subsection A, if a person is convicted of a felony without having previously been convicted of any felony and if at least two aggravating factors listed in section 13-702, subsection C apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense up to the following maximum terms:

      1.  For a class 2 felony                      12.5 years
      2.  For a class 3 felony                      8.75 years
      3.  For a class 4 felony                      3.75 years
      4.  For a class 5 felony                      2.5 years
      5.  For a class 6 felony                      2 years
 

B. Notwithstanding section 13-702, subsection A, if a person is convicted of a felony without having previously been convicted of any felony and if the court finds that at least two mitigating factors listed in section 13-702, subsection D apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense down to the following minimum terms:

      1.  For a class 2 felony                      3 years
      2.  For a class 3 felony                      2 years
      3.  For a class 4 felony                      1 year  
      4.  For a class 5 felony                      6 months
      5.  For a class 6 felony                      4 months
 

C. Notwithstanding section 13-604, subsection A or B, if a person is convicted of a felony offense and has one historical prior felony conviction and if at least two aggravating factors listed in section 13-702, subsection C apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense up to the following maximum terms:

      1.  Class 2 felony                            23.25 years
      2.  Class 3 felony                            16.25 years
      3.  Class 4 felony                            7.5 years
      4.  Class 5 felony                            3.75 years
      5.  Class 6 felony                            2.75 years
 

D. Notwithstanding section 13-604, subsection A or B, if a person is convicted of a felony offense and has one historical prior felony conviction and if the court finds that at least two mitigating factors listed in section 13-702, subsection D apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense down to the following minimum terms:

      1.  Class 2 felony                            4.5 years
      2.  Class 3 felony                            3.5 years
      3.  Class 4 felony                            2.25 years
      4.  Class 5 felony                            1 year
      5.  Class 6 felony                            9 months
 

E. Notwithstanding section 13-604, subsection C or D, if a person is convicted of a felony offense and has two or more historical prior felony convictions and at least two aggravating factors listed in section 13-702, subsection C apply, the court may increase the maximum term of imprisonment otherwise authorized for that offense up to the following maximum terms:

      1.  Class 2 felony                            35 years
      2.  Class 3 felony                            25 years
      3.  Class 4 felony                            15 years
      4.  Class 5 felony                            7.5 years
      5.  Class 6 felony                            5.75 years
 

F. Notwithstanding section 13-604, subsection C or D, if a person is convicted of a felony offense and has two or more historical prior felony convictions and if the court finds that at least two mitigating factors listed in section 13-702, subsection D apply, the court may decrease the minimum term of imprisonment otherwise authorized for that offense down to the following minimum terms:

      1.  Class 2 felony                            10.5 years
      2.  Class 3 felony                            7.5 years
      3.  Class 4 felony                            6 years
      4.  Class 5 felony                            3 years
      5.  Class 6 felony                            2.25 years
 

G. The upper or lower term imposed pursuant to this section may be imposed only if at least two of the aggravating circumstances are found beyond a reasonable doubt to be true by the trier of fact or are admitted by the defendant, except that an aggravating circumstance under section 13-702, subsection C, paragraph 11 shall be found to be true by the court, or in mitigation of the crime are found to be true by the court, on any evidence or information introduced or submitted to the court or the trier of fact before sentencing or any evidence presented at trial, and factual findings and reasons in support of these findings are set forth on the record at the time of sentencing.

H. The court in imposing sentence shall consider the evidence and opinions presented by the victim or the victim's immediate family at any aggravation or mitigation proceeding or in the presentence report.

I. The court shall inform all of the parties before 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.

J. For the purposes of this section, "trier of fact" means a jury, unless the defendant and the state waive a jury in which case the trier of fact means the court.


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