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Judgment And Commitment Active Punishment Misdemeanors (After Jan. 1, 2012) CR-602 - North Carolina
| Judgment And Commitment Active Punishment Misdemeanors (After Jan. 1, 2012) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County NOTE: Seat of Court [This form is to be used for misdemeanor offense(s). Use AOC-CR-301 for G.S. 130A-25 offense(s). Use AOC-CR-342 for DWI offense(s).] File No. In The General Court Of Justice District Superior Court Division Name Of Defendant Race Attorney For State STATE VERSUS Sex Date Of Birth JUDGMENT AND COMMITMENT ACTIVE PUNISHMENT - MISDEMEANOR (STRUCTURED SENTENCING) (For Convictions On Or After Jan . 1, 2012) G.S. 15A-1301, 15A-1340.20 Appointed Crt Rptr Initials Retained Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant The defendant pled guilty ( pursuant to Alford ) to was found guilty by the Court of was found guilty by a jury of pled no contest to File No.(s) Off. Offense Description Offense Date G.S. No. CL. *Pun. CL. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). The Court has determined, pursuant to G.S. 15A-1340.20, the number of prior convictions to be . LEVEL: I (0) II (1-4) III (5+) 1. The Court finds: 2. 3. 4. 5. (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. The Court imposes mandatory punishment pursuant to G.S. 14-33(d). (assault in the presence of a minor) The Court imposes the sentence pursuant to G.S. 15A-1340.20(c1). (active punishment exception) The Court finds the above designated offense(s) is a reportable conviction under G.S. 14-208.6 and therefore makes the additional findings and orders on the attached AOC-CR-615, Side One. The Court finds the above designated offense(s) involved the physical, mental or sexual abuse of a minor. (NOTE: If offense(s) is not also a reportable conviction in No. 4 above, this finding requires no further action by the Court.) 6. 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. 7. (offenses on or after December 1, 2008, only) The Court finds that the above designated offense(s) involved criminal street gang activity. G.S. 14-50.25. 8. The Court finds that the defendant refused to consent to conditional discharge under G.S. 90-96(a). 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 term of days in the custody of the: (check only one) N.C. DAC. Sheriff of County. Other: Misdemeanant Confinement Program (sentences 91-180 days for which a facility is not otherwise specified above). 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). . 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 No. Offense County Court Date Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC-CR-602, Rev. 12/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com The Court further Orders: (check all that apply) 1. The defendant shall pay to the Clerk of Superior Court the "Total Amount Due" shown below. Costs Fine Restitution* Attorney's Fees SBM Fee Appt Fee/Misc Total Amount Due $ $ $ $ $ $ $ *See attached "Restitution Worksheet, Notice and Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. 2. The Court finds that restitution was recommended as part of the defendant's plea arrangement. 3. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: 4. The Court finds that the defendant is is not suitable for placement in a county satellite jail/work release unit. G.S. 15A-1352(a). 5. Work release, with the consent of the defendant. a. After any required processing, defendant shall be committed to: [check (1) or (2)] (1) (prison facility within/out of this county) (2) (local confinement facility/satellite jail/work release unit within/out of this county) The Sheriff, Board of County Commissioners or Division of Adult Correction has consented to commitment to the abovedescribed facility that is not within this county. G.S. 15A-1352(d). b. The defendant's work release shall terminate on the date the offender loses his/her job or violates a condition of work release. c. Work release earnings shall be paid to the Clerk for payment of the items and amounts set out above after deduction by the Division of Adult Correction of the amounts allowed under G.S. 148-33.1(f). 6. Other: . The Court recommends: 1. Substance abuse treatment. 2. Psychiatric and/or psychological counseling. 3. Work release should should not be granted. 4. Payment from work release earnings, if applicable, of the "Total Amount Due" set out above. but the Court does not recommend restitution be paid from work release earnings. The Court further recommends: 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 District Court to the Superior Court. The current pretrial release order is modified as follows: . The defendant gives notice of appeal from the judgment of the Superior Court to the appellate division. Appeal entries and any conditions of post conviction release are set forth on form AOC-CR-350. Date Name Of Presiding Judge (Type Or Print) SIGNATURE OF JUDGE Signature Of Presiding Judge Date Remanded To District Court Date Appeal Dismissed ORDER OF COMMITMENT AFTER APPEAL Date Withdrawal Of Appeal Filed Date Appellate Opinion Certified It is
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