File No. STATE OF NORTH CAROLINA County NOTE: Seat of Court In The General Court Of Justice District Superior Court Division [This form is to be used for misdemeanor offense(s). Use AOC-CR-301 for G.S. 130A-25 offense(s). Use AOC-CR-342 for DWI offense(s).] STATE VERSUS JUDGMENT AND COMMITMENT ACTIVE PUNISHMENT MISDEMEANOR(S) Name Of Defendant Race Sex DOB Attorney For State The defendant File No.(s) Def. Found Not Indigent pled guilty to (STRUCTURED SENTENCING) Def. Waived Attorney Retained was found guilty/responsible by the Court of Off. G.S. 15A-1301, 15A-1340.20 Appointed Crt Rptr Initials Attorney For Defendant was found guilty by a jury of Offense Description Offense Date pled no contest to G.S. No. CL. *Pun. CL. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). I (0) II (1-4) . LEVEL: III (5+) 1. The Court imposes the prison term pursuant to a plea arrangement as to sentence under Article 58 of G.S. Chapter 15A. (NOTE: Term must be consistent with defendant's classification and prior conviction level.) (a) enhancement for 2. The Court finds: G.S. 14-3(c) (hate crime). G.S. 14-50.22 (gang). G.S. 90-95(e)(4) (drugs). (b) enhancement from required suspended sentence to Class 2 misdemeanor. G.S. 90-95(e)(7). If in District Court, the Court found this issue beyond a reasonable doubt or the defendant pled guilty or no contest to this issue. If in Superior Court, this finding is based on the jury's determination of this issue beyond a reasonable doubt or the defendant's plea of guilty or no contest to this issue. 3. The Court imposes mandatory punishment pursuant to G.S. 14-33(d). (assault in the presence of a minor) 4. The Court imposes the sentence pursuant to G.S. 15A-1340.20(c1). (active punishment exception) 5. The Court finds the above designated offense(s) is a reportable conviction under G.S. 14-208.6 and therefore makes the additional findings and orders on the attached AOC-CR-615, Side One. 6. The Court finds the above designated offense(s) involved the physical, mental or sexual abuse of a minor. (NOTE: If offense(s) is not also a reportable conviction in No. 5 above, this finding requires no further action by the Court.) The Court has determined, pursuant to G.S. 15A-1340.20, the number of prior convictions to be 7. The Court finds this is an offense involving assault or communicating a threat, and the defendant had a personal relationship as defined by G.S. 50B-1(b) with the victim. 8. The Court finds that the above designated offense(s) involved criminal street gang activity. G.S. 14-50.25. The Court, having considered evidence, arguments of counsel and statement of defendant, Orders that the above offenses, if more than one, be consolidated for judgment and the defendant be imprisoned for a term of days in the custody of the: The defendant shall be given credit for N.C. DOC. Other: Sheriff of County. . days spent in confinement prior to the date of this Judgment as a result of this charge(s). The sentence imposed above shall begin at the expiration of all sentences which the defendant is presently obligated to serve. The sentence imposed above shall begin at the expiration of the sentence imposed in the case referenced below: File Number AOC-CR-602, Rev. 12/09 © 2009 Administrative Office of the Courts Offense County Court Material opposite unmarked squares is to be disregarded as surplusage. (Over) Date American LegalNet, Inc. www.FormsWorkFlow.com The Court further Orders: (check all that apply) 1. The defendant shall pay the costs. 2. The defendant shall pay a fine of $ is is not suitable for placement in a county satellite jail/work release unit. 3. The Court finds that the defendant G.S. 15A-1352(a). 4. Work release, with the consent of the defendant. (a) After any required processing, defendant shall be committed to: [check (1) or (2)] . (1) (prison facility within/out of this county) (2) (local confinement facility/satellite jail/work release unit within/out of this county). The Sheriff, Board of County Commissioners or Department of Correction has consented to commitment to the above-described facility, that is not within this county. G.S. 15A-1352(d). (b) The defendant's work release shall terminate on the date the offender loses his/her job or violates a condition of work release. (c) Work release earnings shall be paid to the Clerk for payment of the items and amounts set out below after deduction by the Department of Correction of the amounts allowed under G.S. 148-33.1(f). 5. Other: The Court recommends: 1. Substance abuse treatment. 2. Psychiatric and/or psychological counseling. 3. Work release should should not be granted. 4. Payment from work release earnings, if applicable, of the items and amounts set out below, unless otherwise recommended below for restitution. Court Costs Miscellaneous Fine Restitution* Attorney's Fees Total Amount Due SBM Fee $ $ $ $ $ $ $ *See attached "Restitution Worksheet, Notice and Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. The Court finds that restitution was recommended as part of the defendant's plea arrangement. The Court does not recommend restitution be paid from work release earnings. The Court further recommends: AWARD OF FEE TO COUNSEL FOR DEFENDANT A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendant's appointed counsel or assigned public defender. ORDER OF COMMITMENT/APPEAL ENTRIES It is ORDERED that the Clerk deliver two certified copies of this Judgment and Commitment to the sheriff or other qualified officer and that the officer cause the defendant to be delivered with these copies to the custody of the agency named on the reverse to serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal. The defendant gives notice of appeal from the judgment of the District Court to the Superior Court. The current pretrial release order is modified as follows: . The defendant gives notice of appeal from the judgment of the Superior Court to the appellate division. Appeal entries and any conditions of post conviction release are set forth on form AOC-CR-350. SIGNATURE OF JUDGE Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge ORDER OF COMMITMENT AFTER APPEAL Date Remanded To District Court Date Appeal Dismissed Date Withdrawal Of Appeal Filed Date Appellate Opinion Certified It is ORDERED that this Judgment be executed. It is FURTHER ORDERED that the sheriff arrest the defendant, if necessary, and recommit the defendant to the custody of the agency named in this Judgment on the reverse and furnish that agency two certified copies of this Judgment and Commitment as authority for the commitment and detention of the defendant. Date Signature Assistant CSC Clerk Of Superior Court Deputy CSC CERTIFICATION I certify that this Judgment and Commitment and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. Judicial Findings And Order For Sex Offenders - Active Punishment Appellate Entries (AOC-CR-350) (AOC-CR-615, Side One) Restitution Worksheet, Notice And Order (Initial Sentencing) Convicted Sex Offender Permanent No Contact Order (AOC-CR-620) (AOC-CR-611) Date Signature SEAL Date Certified Copies Delivered To Sheriff Deputy CSC AOC-CR-602, Side Two, Rev. 12/09 © 2009 Administrative Office of the Courts Assistant CSC Clerk Of Superior Court Material opposite unmarked squares is to be disregarded as surplusage. American LegalNet, Inc. www.FormsWorkFlow.com File No. STATE VERSUS Name Of Defendant ADDITIONAL FILE NO.(S) AND OFFENSE(S) File No.(s) Off. Offense Description Offense Date G.S. No. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). AOC-CR-603, Page Three, Rev. 3/09 © 2009 Administrative Office of the Courts *Pun. F/M CL. CL. American LegalNet, Inc. www.FormsWorkFlow.com