46-18-502. Sentencing of persistent felony offender.
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46-18-502 . Sentencing of persistent felony offender.
(1)Except as provided in 46-18-219 and subsection
(2)of this section, a persistent felony offender or a persistent felony offender under supervision shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the present offense.
(2)Except as provided in 46-18-219 , an offender shall be imprisoned in a state prison for a term of not less than 10 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if:
(a)the offender was a persistent felony offender or a persistent felony offender under supervision, as defined in 46-1-202 , at the time of the offender's previous felony conviction;
(b)less than 5 years have elapsed between the commission of the present offense and:
(i)the previous felony conviction; or
(ii)the offender's release on parole, from prison, or from other commitment imposed as a result of the previous felony conviction; and
(c)the offender was 21 years of age or older at the time of the commission of the present offense.
(3)Except as provided in 46-18-222 , the imposition or execution of the first 5 years of a sentence imposed under subsection
(1)of this section or the first 10 years of a sentence imposed under subsection
(2)of this section may not be deferred or suspended.
(4)Any sentence imposed under subsection
(2)must run consecutively to any other sentence imposed.