The following rules shall be observed for establishing the punishment, whether or not there are mitigating or aggravating circumstances:
(a) When neither mitigating or aggravating circumstances, or either one or the other concur, a punishment for a term within the medium range of punishments set forth in this Code for the crime shall be selected, taking into consideration the personal circumstances of the convict, the need for prevention and the greater or lesser degree of the crime.
(b) When one or several aggravating circumstances concur, a punishment for a term within the upper half of the range of punishments set forth in this Code shall be selected for the crime.
(c) When two (2) or more mitigating circumstances concur, or when there is only one (1), but the judge deems it to be substantial, a punishment for a term within the lower half of the range of punishments set forth in this Code shall be selected for the crime.
History —June 18, 2004, No. 149, § 74, eff. May 1, 2005.