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Judgment Suspending Sentence Misdemeanors (Before 12-1-09) CR-604A - North Carolina
| Judgment Suspending Sentence Misdemeanors (Before 12-1-09) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County NOTE: [This form is to be used for misdemeanor offense(s). Use AOC-CR-342 or AOC-CR-310 for DWI offense(s).] Name Of Defendant Race Attorney For State File No. Seat Of Court In The General Court Of Justice District Superior Court Division STATE VERSUS Date Of Birth Sex JUDGMENT SUSPENDING SENTENCE - MISDEMEANOR PUNISHMENT: COMMUNITY INTERMEDIATE (STRUCTURED SENTENCING) (For Offenses Committed Before Dec. 1, 2009) Appointed Retained Def. Waived Attorney Def. Found Not Indigent Attorney For Defendant G.S. 15A-1341, -1342, -1343, -1343.2, -1346 Crt Rptr Initials The defendant File No.(s) pled guilty to ( Off. pursuant to Alford ) to was found guilty by the Court of was found guilty by a jury of Offense Date G.S. No. pled no contest to CL. *Pun. CL. Offense Description *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 1. The Court finds: . Level: I (0) II (1-4) III (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. 2. The Court imposes mandatory punishment. G.S. 14-33(d) (assault in the presence of a minor). 3. The Court 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. 4. The Court finds the above-captioned offense(s) involved the (check all that apply) physical or mental sexual abuse of a minor (If No. 3 not found) and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603A, Page Two, Side Two. 5. The Court 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. 6. (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. 7. 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 days in the custody of the: (check only one) for judgment and the defendant be imprisoned for a term of . N.C. DAC. Sheriff of County. Other: Misdemeanant Confinement Program (sentences 91-180 days for which a facility is not otherwise specified above). This sentence shall run at the expiration of sentence imposed in file number The defendant shall be given credit for toward the sentence imposed above. days spent in confinement prior to the date of this Judgment as a result of this charge(s), to be applied 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) 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: . MONETARY CONDITIONS . 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. AOC-CR-604A, Rev. 12/12 © 2012 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) 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 reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment. (7) Notify the probation officer if the defendant fails to obtain or retain satisfactory employment. (8) At a time to be designated by the probation officer, visit with the probation off officer a facility maintained by the Section of Prisons. 9. The Court finds that the defendant is responsible for acts of domestic violence and therefore
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