Judgment And Commitment {CR-301} | Pdf Fpdf Doc Docx | North Carolina

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Judgment And Commitment {CR-301} | Pdf Fpdf Doc Docx | North Carolina

Judgment And Commitment {CR-301}

This is a North Carolina form that can be used for Criminal within Statewide.

Alternate TextLast updated: 5/16/2016

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STATE OF NORTH CAROLINA County Seat of Court occurring at any time, and (3) other non-structured sentencing commitments. For DWI Offenses, use form AOC-CR-342 ("Impaired Driving - Judgment and Commitment.")) Name Of Defendant Race Attorney For State File No. NOTE: (Use this form for: (1) offenses occurring before October 1, 1994, (2) G.S. 130A-25 offenses In The General Court Of Justice District Superior Court Division STATE VERSUS Sex DOB Pre-FSA Felony Def. Waived Attorney JUDGMENT AND COMMITMENT G.S. 15A-1301 Attorney For Defendant Appointed Retained Def. Found Not Indigent The defendant File No.(s) pled guilty ( Off. pursuant to Alford ) to Offense Description was found guilty by the Court of Offense Date was found guilty by a jury of G.S. No. F/M CL. pled no contest to Presumptive Max. Term 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 The defendant shall be given credit for this charge. in the custody of the N.C. Division of Adult Correction. Sheriff of County. days spent in confinement prior to the date of this Judgment as a result of 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 Number Offense County Court Date (check all that apply) 1. The defendant shall pay the costs. 2. The defendant shall pay a fine of $ 3. Work release is recommended. 4. Work release is NOT recommended. 5. With the consent of the defendant, work release is ordered under the conditions set forth in the attached order (applies to misdemeanants only). 6. The Court does NOT recommend that the defendant be required to pay restitution or reparation, as a condition of parole if parole is granted, or from his/her earnings if work release is granted. 7. The Court recommends that the defendant be required to pay, as a condition of parole if parole is granted, or from his/her earnings if work release is granted, the items and amounts set out below. . Costs Fine Restitution* Reimbursement For Attorney Fee(s) And Other Expenses Total Amount Due *See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com AOC-CR-301, Rev. 12/14 © 2014 Administrative Office of the Courts The Court further recommends: 1. The Court has considered the aggravating and mitigating factors in G.S. 15A-1340.4(a) and: (a) makes no written findings because the prison term imposed does not require such findings. (b) makes no written findings because the prison term imposed is pursuant to a plea arrangement as to sentence under Article 58 of G.S. Chapter 15A. (c) makes written findings set forth on the attached Findings of Factors in Aggravation and Mitigation of Punishment (AOC-CR-303). (Applicable for offense(s) occurring on or after May 1, 1994.) FOR USE WITH FAIR SENTENCING ACT FELONIES ONLY 2. The Court finds that the prison term imposed is: (a) for an enhanced firearm penalty [G.S. 14-2.2(a)]. (b) for an adjudication as a violent habitual felon. [G.S. 14-7.12]. A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendant's appointed counsel or assigned public defender. AWARD OF FEE TO COUNSEL FOR DEFENDANT ORDER OF COMMITMENT 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. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge APPEAL ENTRIES 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 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 ORDERED that this Judgment be executed. It is FURTHER ORDERED that the sheriff arrest the defendant, if necessary, and recommit the defendant to the custody of the agency named in this Judgment and furnish that agency two certified copies of this Judgment and Commitment as authority for the commitment and detention of the defendant. Date Signature Of Clerk Deputy CSC Assistant CSC Clerk Of Superior Court CERTIFICATION I certify that this Judgment and Commitment and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. 1. Appellate Entries (AOC-CR-350) 2. Findings Of Factors In Aggravation And Mitigation Of Punishment (AOC-CR-303) 3. Judicial Findings As To Forfeiture Of Licensing Privileges (AOC-CR-317) 4. Restitution Worksheet, Notice And Order (Initial Sentencing) (AOC-CR-611) Date Date Certified Copies Delivered To Sheriff Deputy CSC Signature And Seal Assistant CSC Clerk of Superior Court Material opposite unmarked squares is to be disregarded as surplusage. AOC-CR-301, Side Two, Rev. 12/14 © 2014 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com STATE VERSUS Name Of Defendant File No. ADDITIONAL FILE NO.(S) AND OFFENSE(S) File No.(s) Off. Offense Description Offense Date G.S. No. F/M CL. Max. Term Presumptive AOC-CR-301, Page Two, Rev. 12/14 © 2014 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com

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