[712-1240.8] Methamphetamine trafficking in the second degree. (1) A person commits the offense of methamphetamine trafficking in the second degree if the person knowingly distributes methamphetamine in any amount.

(2) Methamphetamine trafficking in the second degree is a class B felony for which the defendant shall be sentenced as provided in subsection (3).

(3) Notwithstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the second degree shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of not less than one year and not greater than four years and a fine not to exceed $10,000,000; provided that:

(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than three years, four months and not greater than six years, eight months;

(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than ten years; or

(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be ten years. [L 2006, c 230, pt of 4]

 

Case Notes

 

Sentencing court did retain the discretion to sentence petitioner defendant, who was convicted of violating this section, to a special five-year indeterminate term of imprisonment under 706-667. Specifically, the phrase "[n]ot withstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary", found in the sentencing provision of subsection (3), did not override sentencing petitioner defendant under 706-667 as "contrary". 130 H. 21, 305 P.3d 437 (2013).

 

 

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