LegalFix
Sign In

Section 35-7-1038 - Second or Subsequent Offenses; Mandatory Minimum Penalty for Certain Subsequent Offenses.

WY Stat § 35-7-1038 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

35-7-1038. Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.

(a) Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The judge may suspend part or all of the discretionary portion of an imprisonment sentence or fine under this subsection and place the defendant on probation pending successful completion, at the defendant's own expense, of a chemical addiction evaluation or treatment program prescribed by the judge.

(b) For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.

(c) This section shall not apply to offenses under W.S. 35-7-1031(c).

Previous Section
Section 35-7-1037 - Probation and Discharge of First Offenders.
Next Section
Section 35-7-1039 - Person Using or Under Influence of Controlled Substance.