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:
Felony Mitigated Minimum Presumptive Maximum Aggravated
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:
Felony Mitigated Minimum Presumptive Maximum Aggravated
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:
Felony Mitigated Minimum Presumptive Maximum Aggravated
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:
Felony Minimum Presumptive Maximum Aggravated
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.
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