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Judgment Suspending Sentence Felony (Before 12-1-09) CR-603A - North Carolina
| Judgment Suspending Sentence Felony (Before 12-1-09) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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County Seat of Court NOTE: [This form is to be used for (1) felony offense(s) and (2) misdemeanor offense(s) that are consolidated for judgment with any felony offense(s). Use AOC-CR-310 for DWI offense(s).] Name Of Defendant Race Attorney For State STATE OF NORTH CAROLINA STATE VERSUS Sex File No. In The General Court Of Justice District Superior Court Division Date Of Birth JUDGMENT SUSPENDING SENTENCE - FELONY PUNISHMENT: COMMUNITY INTERMEDIATE (STRUCTURED SENTENCING) (For Offenses Committed Before Dec. 1, 2009) Def. Waived Attorney Def. Found Not Indigent Attorney For Defendant G.S. 15A-1341, -1342, -1343, -1343.2, -1346 Appointed Crt Rptr Initials Retained The defendant File No.(s) pled guilty ( Off. pursuant to Alford) to was found guilty by a jury of pled no contest to G.S. No. F/M CL. Offense Description Offense Date *Pun. CL. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). PRIOR The Court 1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be . RECORD Any prior record level point under G.S. 15A-1340.14(b)(7) is based on the jury's determination of this issue LEVEL: beyond a reasonable doubt or the defendant's admission to this issue. 2. makes no prior record level finding because none is required. I II III IV V VI The Court (NOTE: Block 1 or 2 MUST be checked.): 1. makes no written findings because the prison term imposed is within the presumptive range of sentences authorized under G.S. 15A-1340.17(c). 2. makes the aggravating and mitigating factors Determination as set forth on the attached AOC-CR-605. 3. makes the Findings of Extraordinary Mitigation set forth on the attached AOC-CR-606. 4. finds the defendant has provided substantial assistance pursuant to G.S. 90-95(h)(5). 5. adjudges the defendant to be an habitual felon to be sentenced as a Class C felon. G.S. 90-95(e)(3) (drugs). 6. finds enhancement pursuant to: G.S. 14-3(c) (hate crime). G.S. 50B-4.1 (domestic violence). G.S. 14-50.22 (gang). Other: . This finding is based on the jury's determination of this issue beyond a reasonable doubt or the defendant's admission to this issue. 7. 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-603A, Page Two, Side Two, and b. makes the additional findings and orders on the attached AOC-CR-615, Side Two. 8. finds the above-captioned offense(s) involved the (check all that apply) physical or mental sexual abuse of a minor. (If No. 7 not found) and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603A, Page Two, Side Two. 9. finds that a motor vehicle commercial motor vehicle was used in the commission of the offense and this conviction shall be reported to DMV. 10. finds this is an offense involving assault, communicating a threat, or an act defined in G.S. 50B-1(a), and the defendant had a personal relationship as defined by G.S. 50B-1(b) with the victim. 11. (offenses committed on or after December 1, 2008, only) finds the above-designated offense(s) involved criminal street gang activity. G.S. 14-50.25. 12. 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 minimum term of for a maximum term of months in the custody of the N.C. DAC. months 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-603A, Page Two. 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 SUSPENSION OF SENTENCE 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 Serv Fee EHA Fee 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. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervised probation. Material opposite unmarked squares is to be disregarded as surplusage. (Over) $ $ $ $ $ $ $ $ . AOC-CR-603A, Rev. 12/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com (2) Possess no firearm, explosive device or other deadly weapon listed in G.S. 14-269. (3) Remain gainfully and suitably employed or faithfully pursue a course of study or vocational training, that will equip the defendant for suitable employment, and abide by all rules of the institution. (4) Satisfy child support and family obligations, as required by the Court. If the defendant is on supervised probation, the defendant shall also: (5) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer. (6) Report as directed by the Court or the probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit at
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