|
| |
Tim White
Timothy Patrick White Born
May 1948
MITT 01CR3561 / SENT 3 YEARS DOC
1) Section 18-18-406 Marihuana, Marihuana Concentrate
2) Section 18-18-407 SPEC OFFENDER POSS WEAPON
4) Marihuana POSSESSION 8 OZ OR MORE
Dispositon: 9/27/2001 GUILTY
TWTX 0CA88W104115 / 12/03
RET 121588 0830 CHERRY HILLS MUNI
Dispositon: 12/02/1988 OTHER
DETAINED FOR CHERRY HILLS PD
Dispositon: 08/18/1982 DEFERRED JUDGEMENT
18-18-406. Offenses relating to marihuana and marihuana
concentrate.
(4) (a) Any person who
possesses more than one ounce of marihuana but less than eight ounces of marihuana
commits:
(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 impris- onment required by subsection (1) of this
section, to fine the defen- dant 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.
| |
|
