Judgment Suspending Sentence Misdemeanors (After 12-1-11)
Judgment Suspending Sentence Misdemeanors (After 12-1-11) Form. This is a North Carolina form and can be use in Criminal Statewide.
Tags: Judgment Suspending Sentence Misdemeanors (After 12-1-11), CR-604C, North Carolina Statewide, Criminal
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 misdemeanor offense(s). Use AOC-CR-342 or AOC-CR-310 for DWI offense(s).] JUDGMENT SUSPENDING SENTENCE - MISDEMEANOR PUNISHMENT: COMMUNITY INTERMEDIATE (STRUCTURED SENTENCING) STATE VERSUS Name Of Defendant Race Sex Date Of Birth Attorney For State (For Offenses Committed On Or After Dec. 1, 2011) Def. Found Not Indigent The defendant pled guilty to ( File No.(s) pursuant to Alford ) to Off. Def. Waived Attorney G.S. 15A-1341, -1342, -1343, -1343.2, -1346 Appointed Crt Rptr Initials Attorney For Defendant Retained was found guilty by the Court of Offense Description was found guilty by a jury of Offense Date G.S. No. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). . Level: The Court has determined, pursuant to G.S. 15A-1340.20, the number of prior convictions to be pled no contest to I (0) CL. II (1-4) *Pun. CL. III (5+) 1. The Court finds: (a) enhancement for G.S. 90-95(e)(4) (drugs). G.S. 14-3(c) (hate crime). G.S. 14-50.22 (gang). (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. 2. The Court imposes mandatory punishment pursuant to G.S. 14-33(d) (assault in the presence of a minor). 3. The Court 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-603C, Page Two, Side Two, and b. makes the additional findings and orders on the attached AOC-CR-615, Side Two. 4. The Court finds the above-captioned offense(s) involved the (check all that apply) physical or mental sexual abuse of a minor (If No. 3 not found) and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603C, Page Two, Side Two. 5. 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. 6. 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 days in the custody of the: for judgment and the defendant be imprisoned for a term of . N.C. DAC. Sheriff of County. Other: Misdemeanant Confinement Program (sentences 91-180 days for which a facility is not otherwise specified above). 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-603C, 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 Section of Community Corrections the authority to impose any of the requirements in G.S. 15A-1343.2(e) for community punishment or G.S. 15A-1343.2(f) for intermediate punishment. 3. This period of probation shall begin when the defendant is released from incarceration at the expiration of the sentence in the case below. File No. Offense County Court Date 4. The defendant shall comply with the conditions set forth in file number 5. 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: . Costs Fine Restitution* Attorney's Fees Comm. Service Fee EHA Fee SBM Fee Miscellaneous Total Amount Due $ $ $ $ $ $ $ $ $ *See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. The Court finds just cause to waive costs. Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervised probation. AOC-CR-604C, Rev. 1/12 © 2012 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com ADDITIONAL FILE NO.(S) AND OFFENSE(S) File No.(s) Off. Offense Description Offense Date G.S. No. *Pun. F/M CL. CL. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). AOC-CR-626, Side Two, New 12/11 © 2011 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com