en-USFile No. en-USFELONY JUDGMENTen-US en-USFINDINGS OF AGGRAVATINGen-US en-USAND MITIGATING FACTORSen-US en-US(STRUCTURED SENTENCING)en-USG.S. 15A-1340.16en-USName Of Defendant en-USOffense en-USSTATE VERSUS en-USIn The General Court Of Justice en-US District en-US Superior Court Divisionen-USMaterial opposite unmarked squares is to be disregarded as surplusage.en-US(Over) þ 1. þ The Defendant: þ en-US a. induced others to participate in the commission of the offense.en-US en-US b. occupied a position of leadership or dominance of other participants in the commission of the offense. þ 2. þ The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US(check one)en-US en-US en-US(offenses committed Dec. 1, 1997 - Nov. 30, 2017) þ þ en-US en-US en-US(offenses committed on or after Dec. 1, 2017) þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 3. þ The offense was committed for the purpose of: en-US a. avoiding or preventing a lawful arrest. en-US b. effecting an escape from custody. þ 4. þ The defendant was: en-US a. hired to commit the offense. en-US b. paid to commit the offense. þ 5. þ The offense was committed to: en-US a. disrupt en-US b. hinder the lawful exercise of a governmental function or the enforcement of laws. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US(Applies to offenses committed on or after December 1, 2009.) þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 8. þ The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be en-UShazardous to the lives of more than one person. þ 9. þ þ (select appropriate option depending on date of offense) en-US a. þ en-US(use for offenses committed prior to December 1, 2012)en-US The defendant held public office at the time of the offense and the offense related to the en-USconduct of the office. þ b. þ en-US(use for offenses committed on or after December 1, 2012)en-US en-USThe defendant held public elected or appointed office or public employment at the time en-USof the offense and the offense directly related to the conduct of the office or employment.en-US en-US(en-USNOTE:en-US en-USThe court must notify the State Treasurer as en-USrequired by G.S. 15A-1340.16(f).en-US)en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US en-US(Applies to offenses committed on or after December 1, 2013.) þ 10. þ The defendant: en-US a. was armed with a deadly weapon at the time of the crime. en-US b. used a deadly weapon at the time of the crime. þ 11. þ The victim was: en-US a. very young. en-US b. very old. en-US c. mentally infirm. en-US d. physically infirm. en-US e. handicapped. þ 12. þ The defendant committed the offense while on pretrial release on another charge. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-UScourt of this State to be in willful violation of the conditions of probation imposed pursuant to a suspended sentence or been found by the Post-Release en-USSupervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to release from þ þ þ þ þ þ þ þ þ þ þ en-US(Applies to offenses committed on or after December 1, 2008.) þ 13. þ The defendant involved a person under the age of 16 in the commission of the crime. þ 13a. þ en-US(for offenses committed on or after December 1, 2015) en-USThe defendant committed an offense and knew or reasonably should have known that a person en-USunder the age of 18 who was not involved in the commission of the offense was in a position to see or hear the offense. þ 14. þ The offense involved: en-US a. an attempted taking of property of great monetary value. en-US b. the actual taking of property of great monetary value.en-US en-US c. damage causing great monetary loss. en-US d. an unusually large quantity of contraband. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 16. þ The offense involved the sale or delivery of a controlled substance to a minor. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 16b. þ The offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US en-US The Court finds this aggravating factor beyond a reasonable doubt. þ 19. þ The victim of this offense suffered serious injury that is permanent and debilitating. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US(Applies to offenses committed on or after en-USOctober 1, 2013.) þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US en-US(Applies to offenses committed on or after October 1, 2013.) þ þ þ þ þ þ þ þ en-USNOTE: þ en-USen-USaggravating factors and mitigating factors should be made for each offense that is not consolidated. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ The trier of fact finds these aggravating factors beyond a reasonable doubt. þ There are no findings of any aggravating factors. en-USAGGRAVATING FACTORS en-USSTATE OF NORTH CAROLINAen-US en-US County American LegalNet, Inc. www.FormsWorkFlow.com en-USMITIGATING FACTORS en-USDETERMINATION en-USName Of Presiding Judge (Type Or Print)en-USSignature Of Presiding Judgeen-USDate en-USMaterial opposite unmarked squares is to be disregarded as surplusage. þ 1. þ The defendant committed the offense under: en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 2. þ The defendant: en-US en-US a. was a passive participant in the commission of the offense.en-US en-US b. played a minor role in the commission of the offense. þ 3. þ The defendant was suffering from a: en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 5. þ The defendant has made: en-US en-US a. substantial restitution to the victim. en-US b. full restitution to the victim. þ 6. þ The victim was more than 16 years of age and: en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 7. þ The defendant: en-US en-US a. aided in the apprehension of another felon.en-US en-US b. testified truthfully on behalf of the State in another prosecution of a felony. þ 8. þ en-US a. The defendant acted under strong provocation.en-US en-US b. The relationship between the defendant and the victim was otherwise extenuating. þ 9. þ The defendant: en-US þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US en-US b. exercised caution to avoid serious bodily harm or fear to other persons. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US en-US a. at an early stage of the criminal process. en-US b. prior to arrest. þ 12. þ The defendant has been a person of good character or has had a good reputation in the community in which the defendant lives. þ 13. þ The defendant is a minor and has reliable supervision available. þ 14. þ The defendant has been honorably discharged from the United States Armed Services. þ þ þ þ þ þ þ þ þ þ þ 16. þ The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program en-USsubsequent to arrest and prior to trial. þ þ þ þ þ þ þ 18. þ The defendant has a support system in the community. þ 19. þ The defendant has a positive employment history or is gainfully employed. þ 20. þ The defendant has a good treatment prognosis and a workable treatment plan is available. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 1. þ The Court finds that: en-US þ the State provided the defendant with appropriate notice of the aggravating factor(s) in this case. en-US þ the defendant waived any notice requirements as to the aggravating factor(s) in this case. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ en-US þ fi