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This entry was published on 2014-09-22
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SECTION 60.09
Authorized dispositions; resentencing of certain persons convicted of specified controlled substance offenses
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 60
§ 60.09 Authorized dispositions; resentencing of certain persons

convicted of specified controlled substance offenses.

a. Any person convicted of an offense as defined in section 115.05,
220.16, 220.18, 220.39 or 220.41 of this chapter or of an attempt
thereof, for an act committed on or after September first, nineteen
hundred seventy-three but prior to the date on which the provisions of
this section become effective, may, upon notice to the appropriate
district attorney, apply for resentencing in the court which originally
imposed sentence. Such resentencing shall be in accordance with the
provisions of subdivision (b) of this section and shall include credit
for any jail time incurred upon the subject conviction as well as credit
for any period of incarceration incurred pursuant to the sentence
originally imposed.

b. A court, upon an application specified in subdivision (a) of this
section may resentence a person as follows:

(i) if the conviction was for a class A-III offense the court may
impose a new maximum term which shall be no less than three times the
amount of the minimum term imposed in the original sentence and no more
than twenty-five years;

(ii) if the conviction was for a class A-II offense the court may
impose a new minimum term which shall be no less than three years
imprisonment and no more than eight and one-third years;

(iii) upon resentence of a person as specified in paragraph (i) of
this subdivision the court shall resentence the person to the same
minimum term previously imposed;

(iv) upon resentence of a person as specified in paragraph (ii) of
this subdivision the court shall impose a maximum term of life
imprisonment;

(v) if the conviction was for an offense as specified in section
115.05 of this chapter and the offense which was the object of the
criminal facilitation was a class A-III felony then the court shall set
aside the conviction and substitute it with a conviction for violation
of section 115.01 or 115.00 of this chapter, whichever is appropriate
under the facts of the case, and impose a sentence in accordance with
those provisions.

c. Upon resentence as provided in this section the court may not
impose a sentence greater than the sentence previously imposed.