13-702. First time felony offenders;
sentencing; definition
A. Unless a specific sentence is otherwise provided, the term of
imprisonment for a first felony offense shall be the presumptive sentence determined
pursuant to subsection D of this section. Except for those felonies involving a dangerous
offense or if a specific sentence is otherwise provided, the court may increase or reduce
the presumptive sentence within the ranges set by subsection D of this section. Any
reduction or increase shall be based on the aggravating and mitigating circumstances
listed in section 13-701, subsections D and E and shall be within the ranges prescribed
in subsection D of this section.
B. If a person is convicted of a felony without having previously been convicted of
any felony and if at least two of the aggravating factors listed in section 13-701,
subsection D apply, the court may increase the maximum term of imprisonment otherwise
authorized for that offense to an aggravated term. If a person is convicted of a felony
without having previously been convicted of any felony and if the court finds at least
two mitigating factors listed in section 13-701, subsection E apply, the court may
decrease the minimum term of imprisonment otherwise authorized for that offense to a
mitigated term.
C. The aggravated or mitigated term imposed pursuant to subsection D of 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 13-701, subsection D,
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.
D. The term of imprisonment for a presumptive, minimum, maximum, mitigated or
aggravated sentence shall be within the range prescribed under this subsection. The terms
are as follows:
Felony Mitigated Minimum Presumptive Maximum Aggravated
Class 2 3 years 4 years 5 years 10 years 12.5 years
Class 3 2 years 2.5 years 3.5 years 7 years 8.75 years
Class 4 1 year 1.5 years 2.5 years 3 years 3.75 years
Class 5 .5 years .75 years 1.5 years 2 years 2.5 years
Class 6 .33 years .5 years 1 year 1.5 years 2 years
E. The court shall inform all of the parties before sentencing occurs of its intent
to increase or decrease a sentence to the aggravated or mitigated sentence pursuant 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.
F. 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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