File No. STATE OF NORTH CAROLINA County Seat of Court In The General Court Of Justice District Superior Court Division NOTE: [This form is to be used for (1) felony offense(s) and (2) misdemeanor offense(s) that are consolidated for judgment with any felony offense(s). Use AOC-CR-310 for DWI offense(s).] STATE VERSUS JUDGMENT SUSPENDING SENTENCE - FELONY IMPOSING AN INTERMEDIATE PUNISHMENT IMPOSING A COMMUNITY PUNISHMENT (STRUCTURED SENTENCING) Name Of Defendant Race DOB Sex G.S. 15A-1341, -1342, -1343, -1343.2, -1346 Attorney For State Def. Waived Attorney Def. Found Not Indigent The defendant File No.(s) pled guilty to Attorney For Defendant was found guilty by a jury of Off. Appointed Crt Rptr Initials Retained pled no contest to Offense Date Offense Description G.S. No. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). The Court: . Any prior 1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be record level point under 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. F/M I II PRIOR RECORD LEVEL: CL. III IV *Pun. CL. V VI The Court (NOTE: Block 1 or 2 MUST be checked.): 1. makes no written findings because the prison term imposed is within the presumptive range of sentences authorized under G.S. 15A-1340.17(c). 2. makes the aggravating and mitigating factors Determination as set forth on the attached AOC-CR-605. 3. makes the Findings of Extraordinary Mitigation set forth on the attached AOC-CR-606. 4. finds the defendant has provided substantial assistance pursuant to G.S. 90-95(h)(5). 5. finds enhancement pursuant to: G.S. 90-95(e)(3) (drugs). G.S. 14-3(c) (hate crime). G.S. 50B-4.1 (domestic violence). G.S. 14-50.22 (gang). Other: . This finding is based on the jury's determination of this issue beyond a reasonable doubt or the defendant's admission to this issue. 6. imposes the punishment pursuant to a plea arrangement as to sentence under Article 58 of G.S. Chapter 15A. 7. finds the above designated offense(s) is a reportable conviction under G.S. 14-208.6 and therefore a. imposes the special conditions of probation set forth on the attached AOC-CR-603, Page Two, Side Two, and b. makes the additional findings and orders on the attached AOC-CR-615, Side Two. 8. finds the above-captioned offense(s) involved the (check all that apply) physical or mental sexual abuse of a minor. (If No. 7 not found) and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603, Page Two, Side Two. 9. finds that a motor vehicle commercial motor vehicle was used in the commission of the offense and this conviction shall be reported to DMV. 10. 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. 11. 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 imprisoned for a minimum term of months for a maximum term of months in the custody of the N.C. DOC. This sentence shall run at the expiration of sentence imposed in file number . The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charge(s) to be applied toward the sentence imposed above. imprisonment required for special probation set forth on AOC-CR-603, Page Two. SUSPENSION OF SENTENCE Subject to the conditions set out below, the execution of this sentence is suspended and the defendant is placed on supervised unsupervised probation for months. 1. The Court finds that a longer shorter period of probation is necessary than that which is specified in G.S. 15A-1343.2(d). 2. The Court finds that it is NOT appropriate to delegate to the Division of Community Corrections in the Department of Correction the authority to impose any of the requirements in G.S. 15A-1343.2(e) if the offender is sentenced to a community punishment, or G.S. 15A-1343.2(f) if the offender is sentenced to an intermediate punishment. 3. The above period of probation shall begin when the defendant is released from incarceration in the case referred to below. 4. The above period of probation shall begin at the expiration of the sentence in the case referred to below. File Number Offense County Court Date 5. The defendant shall comply with the conditions set forth in file number 6. The defendant shall provide a DNA sample pursuant to G.S. 15A-266.4. (AOC-CR-319 required) . MONETARY CONDITIONS The defendant shall pay to the Clerk of Superior Court the "Total Amount Due" shown below, plus the probation supervision fee, pursuant to a schedule determined by the probation officer. set out by the court as follows: . Court Costs Miscellaneous Fine Restitution* Attorney's Fee Comm. Service Fee EHA Fee SBM Fee Total Amount Due $ $ $ $ $ $ $ $ $ *See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)" AOC-CR-611, which is incorporated by reference. Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervised probation. AOC-CR-603, Rev. 4/11 © 2011 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) NOTE: Any probationary judgment may be extended pursuant to G.S. 15A-1342. The defendant shall: (1) Commit no criminal offense in any jurisdiction. (2) Possess no firearm, explosive device or other deadly weapon listed in G.S. 14-269. (3) Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training, that will equip the defendant for suitable employment, and abide by all rules of the institution. (4) Satisfy child support and family obligations, as required by the Court. If the defendant is on supervised probation, the defendant shall also: (5) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer. (6) Report as directed by the Court or the probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment. (7) Notify the probation officer if the defendant fails to obtain or retain satisfactory employment. (8) At a time to be designated by the probation officer, visit with the probation officer a facility maintained by the Division of Prisons. (9) Submit at reasonable times to warrantless searches by a probation officer of the defendant's person and of the defendant's vehicle and premises while the defendant is present, for purposes directly related to the probation supervision, but the defendant may not be required to submit to any other search that would otherwise be unlawful. Whenever the warrantless search consists of testing for the presence of illegal drugs, the defendant may be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive. (10) Submit to warrantless searches by a law enforcement officer of the defendant's person and of the defendant's vehicle, upon a reasonable suspicion that the defendant is engaged in criminal activity or is in possession of a firearm, explosive device, or other deadly weapon listed in G.S. 14-269 without written permission of the court. (11) Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used. 12. The Court finds that the defendant is responsible for acts of domestic violence and there is an abuser treatment program, approved by the Domestic Violence Commission, reasonably available to the defendant, and the defendant shall attend and complete that program. there is not an approved abuser treatment program reasonably available. it would not be in the best interests of justice to order the defendant to complete an abuser treatment program because . NOTE: See Page Two, Side Two, for Additional Conditions For Persons Convicted Of Domestic Violence. SPECIAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1), 143B-262(c) The defendant shall also comply with the following special conditions which the Court finds are reasonably related to the defendant's rehabilitation: 13. Surrender the defendant's drivers license to the Clerk of Superior Court for transmittal/notification to the Division of Motor Vehicles and not operate a motor vehicle for a period of or until relicensed by the Division of Motor Vehicles, whichever is later. 14. Successfully pass the General Education Development Test (G.E.D.) during the first months of the period of probation. 15. Complete hours of community service during the first days of the period of probation, as directed by the judicial service coordinator. The fee prescribed by G.S. 143B-262.4 is (for offenses committed on or after December 1, 2009) not due because it is assessed in a case adjudicated during the same term of court. to be paid pursuant to the schedule set out under Monetary Conditions above within days of this Judgment and before beginning service. 16. Report for initial evaluation by , participate in all further evaluation, counseling, treatment or education programs recommended as a result of that evaluation, and comply with all other therapeutic requirements of those programs until discharged. 17. Not assault, threaten, harass, be found in or on the premises or workplace of, or have any contact with . "Contact" includes any defendant-initiated contact, direct or indirect, by any means including but not limited to telephone, personal contact, e-mail, pager, gift-giving, telefacsimile machine or through any other person, except . 18. Other: 19. Comply with the Special Conditions Of Probation which are set forth on AOC-CR-603, Page Two. 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 1. 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. 2. 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 CERTIFICATION I certify that this Judgment and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. 5. Restitution Worksheet, Notice And Order [Initial Sentencing] 1. Appellate Entries (AOC-CR-350) (AOC-CR-611) 2. Judgment Suspending Sentence, Page Two [Special Conditions Of 6. Judicial Findings As To Required DNA Sample (AOC-CR-319) Probation] (AOC-CR-603, Page Two) 7. Judicial Findings And Order For Sex Offenders - Suspended Sentence 3. Felony Judgment Findings Of Aggravating And Mitigating Factors (AOC-CR-615, Side Two) (AOC-CR-605) 8. Convicted Sex Offender Permanent No Contact Order (AOC-CR-620) 4. Extraordinary Mitigation Findings (AOC-CR-606) Date Of Certification Signature SEAL Date Certified Copies Delivered To Sheriff Deputy CSC AOC-CR-603, Side Two, Rev. 4/11 © 2011 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 INTERMEDIATE PUNISHMENTS - CONTEMPT NOTE: Use this page in conjunction with AOC-CR-310, "Impaired Driving - Judgment Suspending Sentence;" AOC-CR-603, "Judgment Suspending Sentence - Felony;" AOC-CR-604, "Judgment Suspending Sentence - Misdemeanor(s);" AOC-CR-609, "Order On Violation Of Probation Or On Motion To Modify;" AOC-CR-619, "Conditional Discharge Under G.S. 90-96(a);" or AOC-CR-621, "Conditional Discharge Under G.S. 14-50.29." In addition to complying with the regular and any special conditions of probation set forth in the "Judgment Suspending Sentence" entered in the above case(s), the defendant shall also comply with the following special conditions of probation and conditions of special probation, which are defined as intermediate punishments by G.S. 15A-1340.11(6). 1. Special Probation - G.S. 15A-1351 Contempt - G.S. 15A-1344(e1) and 5A-11(a) For the defendant's active sentence as a condition of special probation, the defendant shall comply with these additional regular conditions of probation: (1) Obey the rules and regulations of the Department of Correction governing the conduct of inmates while imprisoned. (2) Report to a probation officer in the State of North Carolina within seventy-two (72) hours of the defendant's discharge from the active term of imprisonment. days months hours in the custody of A. Serve an active term of B. The defendant shall report in a sober condition to begin serving his/her term on: Day Date Hour Day and shall remain in AM custody until: PM N.C. DOC. Sheriff of this County. Date Hour AM PM C. The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the next consecutive weeks, and shall remain in custody during the same hours each week until completion of the active sentence ordered. D. This sentence shall be served at the direction of the probation officer within days months of this judgment. F. Work release is recommended. G. Substance abuse treatment is recommended. E. Pay jail fees. H. Other: 2. Residential Program - G.S. 15A-1340.11(8); 15A-1343(b1)(2) Attend or reside in days, (name program) residential program for a period of months, and abide by all rules and after care regulations of that program. Other: 3. House Arrest With Electronic Monitoring - G.S. 15A-1340.11(4a); 15A-1343(b1)(3c) Be assigned to house arrest and electronic monitoring and remain at the defendant's residence for a period of days months, abide by all rules, regulations and directions of the probation officer regarding such monitoring, and pay the fee prescribed in G.S. 15A-1343(c2) as provided under Monetary Conditions. The defendant may leave the residence for the following purpose(s) and as otherwise permitted by the defendant's probation officer: employment counseling a course of study vocational training. Other: 4. Intensive Supervision - G.S. 15A-1340.11(5); 15A-1343(b1)(3b); 143B-262(c) Submit to intensive supervision pursuant to G.S. 143B-262(c), for a period of months (6 to 9 months recommended by the Division of Community Corrections), and comply with the rules adopted for such supervision by the Division of Community Corrections. Other: 5. Day-Reporting Center - G.S. 15A-1340.11(3); 15A-1343(b1)(10); 15A-1340.11(6) Report as directed by the probation officer to the Day Reporting Center for a period of abide by all rules and regulations of that program. Other: days, months, and 6. Drug Treatment Court - G.S. 15A-1340.11(3a); 15A-1340.11(6) Comply with the rules adopted for the program as provided for in Article 62 of Chapter 7A of the General Statutes and report on a regular basis for a specified time to participate in court supervision, drug screening or testing, and drug or alcohol treatment programs. Other: INTERMEDIATE CONDITIONS OF PROBATION - G.S. 15A-1343(b4) If subject to intermediate punishment, the defendant shall, in addition to the terms and conditions imposed above, comply with the following intermediate conditions of probation. (1) If required by the defendant's probation officer, perform community service under the supervision of the Division of Community Corrections, and pay the fee required by G.S. 143B-262.4, but no fee shall be due if the Court imposed community service as a special condition of probation and assessed the fee in this judgment or any judgment for an offense adjudicated in the same term of court. (2) Not use, possess, or control alcohol. (3) Remain within the defendant's county of residence unless granted written permission to leave by the court or the defendant's probation officer. (4) Participate in any evaluation, counseling, treatment, or educational program as directed by the probation officer, keeping all appointments and abiding by the rules, regulations, and direction of each program. AOC-CR-603, Page Two, Side One, Rev. 4/11 © 2011 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com MANDATORY SPECIAL CONDITIONS FOR SEX OFFENDERS AND PERSONS CONVICTED OF OFFENSES INVOLVING PHYSICAL, MENTAL, OR SEXUAL ABUSE OF A MINOR - G.S. 15A-1343(b2) NOTE: The following are not defined as intermediate punishments under G.S. 15A-1340.11(6). NOTE: Select only one of the three sets of conditions below. 7. Special Conditions For Reportable Convictions - G.S. 15A-1343(b2) NOTE: Impose only for a reportable conviction under G.S. 14-208.6. The defendant has been convicted of an offense which is a reportable conviction as defined in G.S. 14-208.6(4) and must 1. Register as a sex offender and enroll in satellite-based monitoring if required on the attached AOC-CR-615, Side Two. 2. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. 3. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. 4. (if the Court finds physical, mental or sexual abuse of a minor) Not reside in a household with a. (for sexual abuse) any minor child. b. (for physical or mental abuse) any minor child other than the child(ren) named below, for whom the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the probationer. (Name minor child(ren) with whom the probationer may reside in the same household): . 5. Submit at reasonable times to warrantless searches by a probation officer of the defendant's person, of the defendant's vehicle and premises, and of the defendant's computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant's probation supervision: child pornography . 6. Other: 8. Special Conditions For Offenses Involving The Sexual Abuse Of A Minor - G.S. 15A-1343(b2) NOTE: Impose if offense involved sexual abuse of a minor but is not a reportable conviction. The defendant has been convicted of an offense involving the sexual abuse of a minor and must 1. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. 2. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. 3. Not reside in a household with any minor child. (G.S. 15A-1343(b2)(4)) 4. Submit at reasonable times to warrantless searches by a probation officer of the defendant's person, of the defendant's vehicle and premises, and of the defendant's computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant's probation supervision: child pornography . 5. Other: 9. Special Conditions For Offenses Involving The Physical Or Mental Abuse Of A Minor - G.S. 15A-1343(b2) NOTE: Impose if offense involved physical or mental abuse of a minor but is not a reportable conviction and did not involve sexual abuse. The defendant has been convicted of an offense involving the physical or mental abuse of a minor and must 1. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. 2. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. 3. Not reside in a household with a. any minor child. b. any minor child other than the child(ren) named below, for whom the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the probationer. (Name minor child(ren) with whom the probationer may reside in the same household): . 4. Submit at reasonable times to warrantless searches by a probation officer of the defendant's person, of the defendant's vehicle and premises, and of the defendant's computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant's probation supervision: child pornography . 5. Other: OTHER SPECIAL CONDITIONS 10. Other Special Conditions: ADDITIONAL CONDITIONS FOR PERSONS CONVICTED OF A DOMESTIC VIOLENCE OFFENSE The defendant shall feet of at any time. A. not come within B. fully comply with any 50B Domestic Violence Protective Order in effect. The above conditions are incorporated in the "Judgment Suspending Sentence" in the above case(s) and made a part thereof. Date Name Of Presiding Judge (Type Or Print) AOC-CR-603, Page Two, Side Two, Rev. 4/11 © 2011 Administrative Office of the Courts Signature Of Presiding Judge 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. F/M CL. *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 American LegalNet, Inc. www.FormsWorkFlow.com *Pun. CL.