2005 Arizona Revised Statutes - Revised Statutes §13-702.02 Multiple offenses not committed on the same occasion; sentencing
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.
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