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) American LegalNet, Inc. www.FormsWorkFlow.com 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 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