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Judgment And Commitment Active Punishment Felony Form. This is a North Carolina form and can be use in Criminal Statewide.
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Tags: Judgment And Commitment Active Punishment Felony, CR-601, North Carolina Statewide, Criminal
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 (1) felony offense(s) and (2) misdemeanor offense(s), which are consolidated
for judgment with any felony offense(s). Use AOC-CR-342 for DWI offense(s).]
STATE VERSUS
JUDGMENT AND COMMITMENT
ACTIVE PUNISHMENT
FELONY
Name Of Defendant
Race
Sex
DOB
(STRUCTURED SENTENCING)
Attorney For State
The defendant
File No.(s)
Def. Found
Not Indigent
pled guilty to
Def. Waived
Attorney
was found guilty by a jury of
Retained
pled no contest to
Offense Description
Off.
G.S. 15A-1301, 15A-1340.13
Appointed Crt Rptr Initials
Attorney For Defendant
Offense Date
*NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement).
F/M
G.S. No.
I
CL.
III
PRIOR
IV
II
The Court:
RECORD LEVEL:
. Any prior record level point under
1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be
G.S. 15A-1340.14(b)(7) is based on the jury's determination of this issue beyond a reasonable doubt or the defendant's admission to this issue.
2. makes no prior record level finding because none is required for Class A felony, violent habitual felon, or drug trafficking offenses.
*Pun.
CL.
V
VI
The Court: (NOTE: Block 1 or 2 MUST be checked.):
(a) within the presumptive range of sentences authorized
1. makes no written findings because the prison term imposed is:
under G.S. 15A-1340.17(c).
(b) for a Class A felony.
(c) for an adjudication as a violent habitual felon. G.S. 14-7.12.
(d) for drug trafficking offenses.
the aggravating and mitigating factors Determination as set forth on the attached AOC-CR-605.
the findings of
2. makes
egregious aggravation for conviction under G.S. 14-27.2A or G.S. 14-27.4A, as set forth on the attached AOC-CR-618
incorporated herein by reference, which require a sentence in excess of that authorized by G.S. 15A-1340.17.
3. imposes the prison term pursuant to a plea arrangement as to sentence under Article 58 of G.S. Chapter 15A.
4. finds the defendant has provided substantial assistance pursuant to G.S. 90-95(h)(5).
5. adjudges the defendant to be an habitual felon to be sentenced as a Class C felon pursuant to Article 2A of G.S. Chapter 14.
G.S. 14-3(c) (hate crime).
G.S. 50B-4.1 (domestic violence).
G.S. 90-95(e)(3) (drugs).
6. finds enhancement pursuant to:
Other:
. This finding is based
G.S. 14-50.22 (gang).
on the jury's determination of this issue beyond a reasonable doubt or the defendant's admission to this issue.
7. finds that the defendant used, displayed, or attempted to use or display a firearm or a deadly weapon at the time of the felony
and, pursuant to G.S. 15A-1340.16A, has increased the minimum term of imprisonment to which the defendant would otherwise
be sentenced by sixty (60) months. This finding is based on the jury's determination of this issue beyond a reasonable doubt or
the defendant's admission to this issue.
8. finds the above designated offense(s) is a reportable conviction under G.S. 14-208.6 (check only one)
a. and therefore makes the additional findings and orders on the attached AOC-CR-615, Side One.
b. but makes no finding or order concerning registration or satellite-based monitoring due to defendant's sentence of life
imprisonment without parole.
physical or mental
sexual abuse of a minor.
9. finds the above designated offense(s) involved the
(NOTE: If offense(s) is not also a reportable conviction in No. 8 above, this finding requires no further action by the court.)
motor vehicle
commercial motor vehicle was used in the commission of the offense and this conviction
10. finds that a
shall be reported to DMV.
11. 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.
12. finds 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 sentenced (check only one)
to Death for a Class A felony (see attached Death Warrant and Certificates).
to Life Imprisonment Without Parole for
Class A Felony.
Class B1 Felony.
Violent Habitual Felon.
G.S. 14-27.2A or G.S. 14-27.4A with egregious aggravation.
for a minimum term of:
and a maximum term of:
months
The defendant shall be given credit for
months
in the custody of:
N.C. DOC.
Sheriff pursuant to G.S. 15A-1352(b).
Other
.
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-601, Rev. 12/09
© 2009 Administrative Office of the Courts
Offense
County
Court
Date
Material opposite unmarked squares is to be disregarded as surplusage.
(Over)
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The Court further Orders: (check all that apply)
1. The defendant shall pay the costs.
3. Other:
2. The defendant shall pay a fine of $
.
The Court recommends:
1. Substance abuse treatment.
2. Psychiatric and/or psychological counseling.
3. Work release
should
should not be granted.
4. Payment as a condition of post-release supervision, if applicable, or 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
as a condition of post-release supervision.
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 trial 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 Withdrawal Of Appeal Filed
Date Appeal Dismissed
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
Deputy CSC
Assistant CSC
Clerk Of Superior Court
CERTIFICATION
I certify that this Judgment and Commitment with the attachment(s) marked below is a true and complete copy of the original which is
on file in this case.
Restitution Worksheet, Notice And Order (Initial Sentencing)
(AOC-CR-611)
Appeal Entries (AOC-CR-350)
Judicial Findings And Order For Sex Offenders - Active
Felony Judgment Findings Of Aggravating And Mitigating
Punishment (AOC-CR-615, Side One)
Factors (AOC-CR-605)
Additional Findings (AOC-CR-618)
Judicial Findings As To Forfeiture Of Licensing Privileges
Convicted Sex Offender Permanent No Contact Order
(AOC-CR-317)
(AOC-CR-620)
Victim Notification Tracking Form
Other:
Date
Signature
SEAL
Date Certified Copies Delivered To Sheriff
Deputy CSC
Assistant CSC
Clerk Of Superior Court
Material opposite unmarked squares is to be disregarded as surplusage.
AOC-CR-601, Side Two, Rev. 12/09
© 2009 Administrative Office of the Courts
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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.
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