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Judgment And Commitment Upon Revocation Of Probation Misdemeanor Structured Sentencing (After Dec. 1, 2011) CR-608 - North Carolina
| Judgment And Commitment Upon Revocation Of Probation Misdemeanor Structured Sentencing (After Dec. 1, 2011) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA NOTE: Use this form only for complete revocation of probation. For confinement in response to violation under G.S. 15A-1344(d2), use AOC-CR-609. Enter a separate revocation judgment for each sentence activated, but one revocation judgment is sufficient where the original sentence was imposed on offenses consolidated for judgment. File No. Co. Of Hearing County Seat Of Court In The General Court Of Justice District Superior Court Division Name Of Defendant STATE VERSUS JUDGMENT AND COMMITMENT UPON REVOCATION OF PROBATION - MISDEMEANOR Date Of Birth Race Attorney For State Sex (STRUCTURED SENTENCING) (For Revocation Hearings On Or After Dec. 1, 2011) Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant At Revocation Hearing G.S. 15A-1344, 15A-1345 Appointed Crt Rptr Initials Retained The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence Name Of Original Sentencing Judge Name Of County Of Origin County of Origin File No.(s) Off. No. 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). In the original Judgment Suspending Sentence, the Court determined, pursuant to G.S. 15A-1340.20, the number LEVEL: of prior convictions to be . I (0) II (1-4) III (5+) In the original Judgment Suspending Sentence, the Court found that this was an offense involving assault, communicating a threat, or an act defined in G.S. 50B-1(a), and that the defendant had a personal relationship as defined by G.S. 50B-1(b) with the victim. In the original Judgment Suspending Sentence, the Court sentenced the defendant based upon a finding of enhancement 1. for G.S. 90-95(e)(4) (drugs). G.S. 14-3(c) (hate crime). G.S. 14-50.22 (gang). 2. from required suspended sentence to Class 2 misdemeanor. G.S. 90-95(e)(7). Based upon the Findings set out on the reverse side, the Court concludes that the defendant has violated a valid condition of probation upon which the execution of the active sentence was suspended, and that continuation, modification or special probation or criminal contempt is not appropriate, and the Court ORDERS that the defendant's probation be revoked, that the suspended sentence be activated, and the defendant be imprisoned for a term of days in the custody of the: N.C. DAC. Sheriff of County. Other: Misdemeanant Confinement Program (sentences 91-180 days for which a facility is not otherwise specified above, imposed on or after Jan. 1, 2012, only). 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 below: File No. Offense County Court CONCLUSION AND ORDER . Date The Court further Orders: (check all that apply) 1. The Clerk of Superior Court, under G.S. 7A-304(d), shall immediately disburse any undisbursed monies paid by the defendant under the Judgment Suspending Sentence, as provided in that Judgment. In addition, the defendant shall pay to the Clerk the "Total Amount Due" below. Costs Balance Fine Balance Restitution Balance* Prior Atty Fees This Case Atty Fees This Proceeding Appt Fee/Misc Total Amount Due $ NOTE: AOC-CR-612 must be completed whenever Recommendation No. 4 on the reverse is checked. Even if Recommendation No. 4 is not checked, AOC-CR-612 must be completed in EVERY CASE in which the defendant was ordered in the original Judgment Suspending Sentence, as a condition of probation, to pay restitution in an amount in excess of $250 to a Victims' Rights Act victim. *See attached "Restitution Update Worksheet, Notice and Findings (Revocation Or Termination Of Probation)," AOC-CR-612, which is incorporated by reference. $ $ $ $ $ $ . 2. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: 3. 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). 4. 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 above-described 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). 5. Any allegation of a violation stated in the Violation Report, Notice or otherwise which is not set forth in Finding No. 3 on the reverse is dismissed. Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC-CR-608, Rev. 12/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com The Court further Orders: The Court recommends: 1. Substance abuse treatment. 2. Psychiatric and/or psychological counseling. 3. Work release 4. Payment from work release earnings, if applicable, of the "Total Amount Due" set out on the reverse. restitution be paid from work release earnings. 5. Other: should should not be granted. but the Court does not recommend After considering the record contained in the files numbered above, together with the evidence presented by the parties and the statements made on behalf of the State and the defendant, the Court finds: 1. The defendant is charged with having violated specified conditions of the defendant's probation as alleged in: a. the Violation Report(s) on file herein, which is incorporated by reference. b. the Notice of Hearing on Violation Of Unsupervised Probation on file herein, which is incorporated by reference. 2. Upon due notice or waiver of notice (check a. or b.) a. a hearing was held before the Court and, by the evidence presented, the Court is reasonably satisfied in its discretion that the defendant violated each of the
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