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Sentencing Order - Arkansas

Sentencing Order Form. This is a Arkansas form and can be used in Criminal Statewide .
 Fillable pdf Last Modified 11/2/2012
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SENTENCING ORDER IN THE CIRCUIT COURT OF ______________________ COUNTY, ARKANSAS, __________ JUDICIAL DISTRICT _______DIVISION On ________________________________ the Defendant appeared before the Court, was advised of the nature of the charge(s), of Constitutional and legal rights, of the effect of a guilty plea upon those rights, and of the right to make a statement before sentencing. Judge File Stamp Private Appointed No Public Defender Pro Se Court Info Prosecuting Attorney/Deputy Defendant's Attorney Change of Venue If yes, from: Yes Pursuant to A.C.A. §§16-93-301 et seq., §§5-64-413 et seq., or _________________________________________ this Court, without making a finding of guilt or entering a judgment of guilt and with the consent of the Defendant defers further proceedings and places the Defendant on probation. There being no legal cause shown by the Defendant, as requested, why judgment should not be pronounced, a judgment: is hereby entered against the Defendant on each charge enumerated, fines levied, and court costs assessed. Defendant was advised of the conditions of the sentence and/or placement on probation and understands the consequences of violating those conditions. The Court retains jurisdiction during the period of probation/suspension and may change or set aside the conditions of probation/suspension for violations or failure to satisfy Department of Community Correction (D.C.C) rules and regulations. of conviction is hereby entered against the Defendant on each charge enumerated, fines levied, and court costs assessed. The Defendant is sentenced to the Arkansas Department of Correction (A.D.C.) for the term specified on each offense shown below. Defendant made a voluntary, knowing, and intelligent waiver of the right to counsel. Yes No Defendant [Last, First, MI] SID # Supervision Status at Time of Offense A.C.A. # of Offense/ Name of Offense A.C.A. # of Original Charged Offense Offense Date Criminal History Score DOB Race & Ethnicity White Black Unknown Other Hispanic Sex Male Total Number Female of Counts Asian Native American Pacific Islander Offender Legal Statements Case # ATN Appeal from District Court Offense is Felony Attempted Solicited Yes Misd. No Offense was Nolle Prossed Dismissed Acquitted Probation/SIS Revocation Yes No Offense Classification Y A B C D U Alternative Sanction Seriousness Level Offense # 1: Most Serious Offense Presumptive Sentence Number of Counts Prison Sentence of ____________months Defendant Community Corrections Center Conspired to commit the offense Defendant Sentence* (See page 2) Imposed ADC Jud. Tran. County Jail _________________ months Probation _________________ months SIS _________________ months Other Life LWOP Death Victim Info# (See page 2) N/A Age [Multiple Victims Yes No] If probation accompanied by period of confinement, state time: __________days or __________months. Sentence was enhanced _____________ months, pursuant to A.C.A. §________________________. Enhancement is to run: Concurrent Consecutive. Defendant was sentenced as a habitual offender, pursuant to A.C.A. §5-4-501, subsection (a) (b) (c) (d) Sex Male Race & Ethnicity White Black Asian Native American Female Pacific Islander Other Unknown Hispanic Defendant: was sentenced pursuant to §§16-93-301 et seq., §§5-64-413 et seq., or Defendant voluntarily, intelligently, and knowingly entered a negotiated plea of guilty or nolo contendere. plea directly to the court of guilty or nolo contendere. Sentence is a Departure Yes No Departure Reason (See page 2 for a list of reasons) Sentence will run: entered a plea and was sentenced by a jury. was found guilty by the court & sentenced by court was found guilty at a jury trial & sentenced by court was found guilty of lesser included offense by court Sentence Departure is Durational or Dispositional. If durational, state how many months above/below the presumptive sentence: other _____________________________ jury. jury. jury. Aggravating # _________________ or Mitigating # _________________. For Agg. #16 or Mit. #10, or if departing from guidelines, please explain: Consecutive Concurrent to Offense # __________________________ or Case #___________________________________________ Defendant's Full Name: ____________________________________________ Reasons for Departure (Please see complete list of departure criteria found at A.C.A. §16-90-804) Aggravating 1. Offender's conduct manifested extreme cruelty during commission of current offense. 2. Offender knew victim vulnerable due to extreme youth, advanced age, disability or ill health. 3. Offense was major economic offense established by one of the following criteria: (a) multiple victims/incidents, (b) monetary loss substantially greater than typical, (c) degree of sophistication or time, (d) misuse of fiduciary duty, or (e) other similar conduct. 4. Offense was major controlled substance offense if two or more of the following are present: (a) Three or more separate transactions involve sale, transfer or possession with intent; (b) Amounts substantially larger than the statutory minimums which define the offense; (c) Offense involved a high degree of planning or lengthy period or broad geographic area; (d) Offender occupied a high position in the drug distribution hierarchy; (e) Offender misused position of trust or status or fiduciary duty to facilitate commission; (f) Offender has received substantial income or resources from drug trafficking. 5. Offender employed firearm in furtherance or flight unless such Mitigating 1. Victim played an aggressive role or provoked the incident or was a willing participant. 2. Offender lacked capacity of judgment due to mental or physical impairment. 3. Offender played a minor or passive role in crime. 4. Offender compensated/made effort to compensate for damage or injury before detection. 5. Offender was lesser participant showing caution/concern for safety or well-being of victim. 6. Offender acted in response to continuing physical/sexual abuse by victim. 7. Policy on multiple offenses in single course of conduct in offender's prior criminal history results in sentence which is excessive for this offense. 8. Offender voluntarily admitted sexual offense and sought treatment before detection. 9. Offender made effort to provide assistance in investigation or prosecution of another as indicated by motion of state (can weigh timeliness of assistance, nature and extent of assistance, and truthfulness, completeness, and dem
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