Presumptive sentences for certain methamphetamine offenses

(1) Except as provided in ORS 475.900, 475.907 or 475.925, when the court sentences a person convicted of delivery of methamphetamine under ORS 475.890 or 475.892, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes: (a) Delivery or manufacture of methamphetamine under ORS 475.752, 475.886 or 475.890; (b) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or (c) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967. (2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes: (a) A longer term of incarceration that is otherwise required or authorized by law; or (b) An upward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section. (3) As used in this section, “previous conviction” means: (a) Convictions occurring before, on or after August 16, 2005; and (b) Convictions entered in any other state or federal court for comparable offenses. (4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode. (b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence. (5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.