46.2305 Extended terms for dangerous offenders.

Cite as [A.S.C.A. § 46.2305]

(a) The court may sentence a person who has pleaded guilty to or has been found guilty of a class B, C, or D felony to an extended term of imprisonment if it finds the defendant is a persistent offender or a dangerous offender.

(b) A “persistent offender” is one who has been previously convicted of 2 felonies committed at different times and not related to the instant crime of each other as a single criminal episode.

(c) A “dangerous offender” is one who:

(1) is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and

(2) has been previously convicted of a class A or B felony or of a dangerous felony.

(d) The total authorized maximum terms of imprisonment for a persistent offender or a dangerous offender are:

(1) for a class B felony, a term of years not to exceed 30 years;

(2) for a class C to exceed 15 years;

(3) for a class D to exceed 10 years.

(e) Except as provided in person who is armed with a deadly weapon during the felony, a term of years not felony, a term of years not subsection (f), a firearm or other commission or attempted commission of a misdemeanor, upon conviction, shall be sentenced by the court to an additional, consecutive, mandatory sentence of 6 months.

(f) A person convicted of a misdemeanor or attempted misdemeanor in which the use of a firearm was an element of the crime shall be sentenced by the court to a term of years or months as provided under 46.2301 which shall include a minimum sentence of 6 months.

History: 1979, PL 16-43 § 2; amd 1982, PL 17-42 § 1.

Amendments: 1982 Subsections (e) and (f) added.

Research Guide: MCC 558.016.