Presumptive sentences for certain methamphetamine offenses
(1) Except as provided in ORS 475.900 (Crime category classification), 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors) or 475.925 (Sentences for certain controlled substance offenses), when the court sentences a person convicted of delivery of methamphetamine under ORS 475.890 (Unlawful delivery of methamphetamine) or 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school), the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes:
(b) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school); or
(c) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance).
(2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required or authorized by law; or
(b) An upward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.
(3) As used in this section, “previous conviction” means:
(a) Convictions occurring before, on or after August 16, 2005; and
(b) Convictions entered in any other state or federal court for comparable offenses.
(4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.
Note: 475.935 (Presumptive sentences for certain methamphetamine offenses) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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