RAP SHEET FOR CAREER CRIMINAL TIM WHITE
(II) A class 5 felony, if the violation is committed subsequent to a prior conviction for IN THIS OR ANY OTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF a violation to which this subsection (4) applies OR WOULD APPLY IF CONVICTED IN THIS STATE.
(b) Any person who possesses eight ounces or more of marihuana or any amount of marihuana concentrate commits:
(II) A class 4 felony, if the violation is committed subsequent to a prior conviction for IN THIS OR ANY OTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF a violation to which this subsection (4) applies OR WOULD APPLY IF CONVICTED IN THIS STATE.
(7) (c) Any person commits a class 3 felony, if the violation is committed subsequent to a prior conviction for IN THIS OR ANY OTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF a violation to which this subsection (7) applies OR WOULD APPLY IF CONVICTED IN THIS STATE, and, in addition to the punishment provided in section 18-1-105, shall be punished by a fine of not more than ten thousand dollars, and the court shall have no jurisdiction to suspend the sentence of imprisonment or to grant probation to such person. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1-105 (1) (a) (III).
(8) (a) (II) Any person who violates the provisions of subparagraph (I) of this paragraph (a) commits:
(B) A class 3 felony, if the violation is committed subsequent to a prior conviction for any violation of IN THIS OR ANY OTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF A VIOLATION TO WHICH this subsection (8) APPLIES OR WOULD APPLY IF CONVICTED IN THIS STATE.
(b) (III) Any person who violates any of the provisions of subparagraph (I) of this paragraph (b) commits:
(B) A class 3 felony, if the violation is committed subsequent to any prior conviction for IN THIS OR ANY OTHER STATE, THE UNITED STATES, OR ANY TERRITORY SUBJECT TO THE JURISDICTION OF THE UNITED STATES OF a violation to which this subsection
(8) applies OR WOULD APPLY IF CONVICTED IN THIS STATE.
SECTION 6. 18-18-407 (2) (a), Colorado Revised Statutes, is amended to read:
18-18-407. Special offender. (2) (a) A defendant shall be a special offender if the defendant is convicted of selling, distributing, or possessing with intent to distribute, MANUFACTURING, OR ATTEMPTING TO MANUFACTURE any controlled substance in violation of section 18-18-405 to any person either within or upon the grounds of any public or private elementary, middle, junior high, or high school, vocational school, or public housing development, or within one thousand feet of the perimeter of any such school or public housing development grounds on any street, alley, parkway, sidewalk, public park, playground, or other area or premises that is accessible to the public, or within any private dwelling that is accessible to the public for the purpose of the sale, distribution, use, or exchange, MANUFACTURE, OR ATTEMPTED MANUFACTURE of controlled substances in violation of this article, or in any school bus as defined in section 42-1-102 (88), C.R.S., while such school bus is engaged in the transportation of persons who are students at any public or private elementary, middle, junior high, or high school. The court is required in addition to imposing the sentence to imprisonment required by subsection (1) of this section, to fine the defendant without suspension at least twice the minimum fine provided for in section 18-1-105 (1) (a) (III) if the defendant's offense is a felony or in section 18-1-106 (1) if the defendant's offense is a misdemeanor.
posted by Curriculum Vitae at
Sunday, February 04, 2007
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