| 13-3419 |
NARCOTIC NEWS
Drug Law in Arizona 13-3419
Drug Law in Arizona 13-3419
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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 as defined in section 13-604 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 within the range under this
section pursuant to section 13-702, subsections B, 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 13-702, subsections B, C and D.
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 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
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 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
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 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 9 months 1.5 years 2 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
Class 2 4 years 7 years 12 years
Class 3 2.5 years 5 years 9 years
Class 4 1.5 years 3 years 5 years
Class 5 9 months 2.5 years 4 years
B. For offenders sentenced pursuant to subsection A, paragraphs 1 through 4
of this section the court may increase the maximum sentence otherwise
authorized by up to twenty-five per cent.
C. For offenders sentenced pursuant to subsection A, paragraph 1, 2 or 3 of
this section the court may decrease the minimum sentence otherwise
authorized by up to twenty-five per cent.
D. 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.
E. 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.
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 as defined in section 13-604 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 within the range under this
section pursuant to section 13-702, subsections B, 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 13-702, subsections B, C and D.
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 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
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 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
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 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 9 months 1.5 years 2 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
Class 2 4 years 7 years 12 years
Class 3 2.5 years 5 years 9 years
Class 4 1.5 years 3 years 5 years
Class 5 9 months 2.5 years 4 years
B. For offenders sentenced pursuant to subsection A, paragraphs 1 through 4
of this section the court may increase the maximum sentence otherwise
authorized by up to twenty-five per cent.
C. For offenders sentenced pursuant to subsection A, paragraph 1, 2 or 3 of
this section the court may decrease the minimum sentence otherwise
authorized by up to twenty-five per cent.
D. 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.
E. 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.