[§712-1240.8]  Methamphetamine trafficking in the second degree.  (1)  A person commits the offense of methamphetamine trafficking in the second degree if the person knowingly distributes methamphetamine in any amount.

     (2)  Methamphetamine trafficking in the second degree is a class B felony for which the defendant shall be sentenced as provided in subsection (3).

     (3)  Notwithstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the second degree shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of not less than one year and not greater than four years and a fine not to exceed $10,000,000; provided that:

    (a)   If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than three years, four months and not greater than six years, eight months;

    (b)   If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than ten years; or

    (c)   If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be ten years. [L 2006, c 230, pt of §4]

 

Case Notes

 

  As the plain language of subsection (3) clearly precluded the applicability of sentencing as a young adult offender under §706-667 for cases involving methamphetamine trafficking in the second degree because §706-667 is contrary to this section, sentencing as a young adult offender was not available to defendant who pled guilty to methamphetamine trafficking in the second degree under this section.  128 H. 370 (App.), 289 P.3d 1006 (2012).