Judicial Findings As To Required DNA Sample Form. This is a North Carolina form and can be use in Criminal Statewide.
Tags: Judicial Findings As To Required DNA Sample, CR-319, North Carolina Statewide, Criminal
en-USFile No. en-USJUDICIAL FINDINGSen-USAS TO REQUIREDen-USDNA SAMPLEen-USG.S. 15A-266.4, 15A-266.6en-USName Of Defendanten-USRaceen-USSexen-USDate Of Birth en-USSTATE OF NORTH CAROLINAen-US en-US Countyen-USIn The General Court Of Justice en-US District en-US Superior Court Divisionen-USNOTE: þ Use this form only to make 223Judicial Findings As To Required DNA Sample224 after conviction of any felony, assault on an individual with a disability en-US(G.S. 14-32.1), stalking under the former G.S. 14-277.3, or any offense described in G.S. 15A-266.3A, and only if the defendant is not sentenceden-US en-USto a term of confinement. Complete this form after completing the appropriate AOC judgment form. en-USOriginal - File Copy - Sheriff Copy - Defendanten-USSTATE VERSUSen-USORDER UPON SHERIFF222S REPORT en-USPursuant to the Sheriff222s report above that the defendant failed to provide a DNA sample as ordered, the Court hereby Orders pursuant en-USto G.S. 5A-15 that the clerk of superior court shall issue an order to the defendant to appear at the next criminal session of this courten-USand show cause why he/she should not be held in criminal contempt of court. þ Further, pursuant to G.S. 5A-16 and based on the sworn statement or affidavit of en-US(name) þ en-US,en-US en-USthe Court finds that there is probable cause to believe that the defendant will not appear in response to the order to show cause and en-UStherefore Orders that the clerk issue an order for the defendant222s arrest with the show cause order.en-USNOTE TO CLERK: þ en-USPursuant to Rule of Recordkeeping 9.1, Comment E., establish a new criminal case for the contempt proceeding separate from the en-USoriginal criminal case captioned above. en-USDateen-USName Of Judge (type or print)en-USSignature Of Judge en-USBased upon the foregoing findings, the Court ORDERS: þ 1. þ The defendant shall report to the Sheriff of the above-captioned county at the location shown below for the purpose of having a en-USDNA sample taken en-US immediately. en-US at the date and time designated by the Sheriff and indicated below. þ 2.The Sheriff shall inform the court in the section provided below of any failure by the defendant to appear as ordered herein. en-USFINDINGS OF SPECIAL INFORMATION en-USThe Court, having entered judgment, which is incorporated by reference, makes the following 223Findings Of Special Information224 and en-USincludes these findings in the judgment. The judgment is modified to the extent necessary to include these findings, but the inclusion of en-USthese findings does not otherwise alter, amend, or modify the judgment in any respect. þ 1. þ The defendant has been convicted in the above case of an offense described in G.S. 15A-266.4 requiring that a DNA sample be taken. þ 2. þ The defendant has not been sentenced to a term of confinement. þ 3. þ A DNA sample has not previously been obtained by lawful process from the defendant and a record has not been stored in the State en-USDNA Database, or if previously obtained and stored, the sample and record have been expunged. en-USORDER en-USLocation For Taking Sampleen-USSignature Of Presiding Judgeen-USDateen-USDate For Taking Sampleen-USName Of Presiding Judge (type or print) en-USTime For Taking Sample þ AM en-US PM NOTE TO SHERIFF: þ en-USG.S. 15A-266.6(a) provides that, if the defendant fails to appear for DNA sampling as ordered by the Court, 223the sheriff shall en-USinform the court of the failure to appear.224en-USThe undersigned hereby informs the Court that the above-named defendant failed to provide a DNA sample, in that: þ the defendant failed to appear to provide the sample as ordered above. þ the defendant appeared but failed to provide a sample in that en-US(explain): þ en-US þ en-US.en-USSHERIFF222S REPORT OF DEFENDANT222S FAILURE TO APPEAR en-USSignatureen-USDateen-USName (type or print) þ Sheriff þ þ en-USDeputy Sheriff þ en-USOther:en-US en-US en-USFile No.(s)en-USG.S. No.en-USOffense Description American LegalNet, Inc. www.FormsWorkFlow.com