§ 60.05 Authorized dispositions; class A, B, certain C and D felonies
and multiple felony offenders.
1. Applicability. This section shall govern the dispositions
authorized when a person is to be sentenced upon a conviction of a class
A felony, a class B felony or a class C, class D or class E felony
specified herein, or when a person is to be sentenced upon a conviction
of a felony as a multiple felony offender.
2. Class A felony. Except as provided in subdivisions three and four of
section 70.06 of this chapter, every person convicted of a class A
felony must be sentenced to imprisonment in accordance with section
70.00, unless such person is convicted of either murder in the first
degree and is sentenced in accordance with section 60.06 or of a class
A-II felony and is sentenced to probation in accordance with section
65.00.
3. Class B felony. Except as provided in subdivision six, every person
convicted of a class B violent felony offense as defined in subdivision
one of section 70.02, must be sentenced to imprisonment in accordance
with section 70.02; and, except as provided in subdivision six, every
person convicted of any other class B felony must be sentenced to
imprisonment in accordance with section 70.00, unless such person is
convicted of a class B felony defined in article two hundred twenty and
is sentenced to a period of probation for life in accordance with
section 65.00.
4. Certain class C felonies. Except as provided in subdivision six,
every person convicted of a class C violent felony offense as defined in
subdivision one of section 70.02, must be sentenced to imprisonment in
accordance with section 70.02; and, except as provided in subdivision
six, every person convicted of the class C felonies of: attempt to
commit any of the class B felonies of bribery in the first degree as
defined in section 200.04, bribe receiving in the first degree as
defined in section 200.12, conspiracy in the second degree as defined in
section 105.15 and criminal mischief in the first degree as defined in
section 145.12; criminal usury in the first degree as defined in section
190.42, rewarding official misconduct in the first degree as defined in
section 200.22, receiving reward for official misconduct in the first
degree as defined in section 200.27, criminal possession of a controlled
substance in the fourth degree as defined in subdivision one, two,
three, four, five, six, seven, eight or nine of section 220.09, or
criminal sale of a controlled substance in the fourth degree as defined
in subdivision one or two of section 220.34, attempt to promote
prostitution in the first degree as defined in section 230.32, promoting
prostitution in the second degree as defined in section 230.30, arson in
the third degree as defined in section 150.10, must be sentenced to
imprisonment in accordance with section 70.00.
5. Certain class D felonies. Except as provided in subdivision six,
every person convicted of the class D felonies of attempt to commit (N.B.:)
assault in the first degree as defined in section 120.10, or assault in
the second degree as defined in section 120.05, attempt to commit a
class C felony as defined in section 230.30, must be sentenced in
accordance with section 70.00 or 85.00.
6. Multiple felony offender. When the court imposes sentence upon a
second violent felony offender, as defined in section 70.04, or a second
felony offender, as defined in section 70.06, the court must impose a
sentence of imprisonment in accordance with section 70.04 or 70.06, as
the case may be, unless it imposes a sentence of imprisonment in
accordance with section 70.08 or 70.10.
7. Fines. Where the court imposes a sentence of imprisonment in
accordance with this section, the court also may impose a fine
authorized by article eighty and in such case the sentence shall be both
imprisonment and a fine.(For verification consult Official Text at Senate Gopher site.)