Judgment And Commitment Upon Revocation Of Probation Misdemeanor Structured Sentencing (After Dec. 1, 2011) {CR-608} | Pdf Fpdf Docx | North Carolina

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Judgment And Commitment Upon Revocation Of Probation Misdemeanor Structured Sentencing (After Dec. 1, 2011) {CR-608} | Pdf Fpdf Docx | North Carolina

Judgment And Commitment Upon Revocation Of Probation Misdemeanor Structured Sentencing (After Dec. 1, 2011) {CR-608}

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en-USFile No.en-USCo. Of Hearing en-USNOTE: en-USen-USen-US en-USSTATE OF NORTH CAROLINAen-US en-USCounty en-US en-US en-US Seat of Courten-USIn The General Court Of Justice en-US District en-US Superior Court Divisionen-USJUDGMENT AND COMMITMENT UPONen-USREVOCATION OF PROBATION - MISDEMEANORen-US(STRUCTURED SENTENCING)en-US(For Revocation Hearings On Or After Dec. 1, 2011)en-USG.S. 15A-1344, -1345en-USen-USen-USSexen-USDate Of Birthen-US en-USSTATE VERSUS en-USAttorney For State en-US en-US en-US þ þ en-USen-USen-USen-US þ þ en-USThe defendant was placed on probation pursuant to the following Judgment Suspending Sentence: en-USOff.en-USNo.en-US*Pun.en-USCL.en-USCounty Of Originen-USFile No.(s)en-USOffense Dateen-USCL.en-USG.S. No.en-USOffense Description en-US*NOTE: þ en-US en-USIn the original Judgment Suspending Sentence, the Court determined, pursuant to G.S. 15A-1340.20, en-USthe number of prior convictions to be en-US en-US. þ en-USen-US þ en-US þ en-US en-US1. for en-US en-USG.S. 90-95(e)(4)(drugs). en-US en-USG.S. 14-3(c)(hate crime). en-US en-USG.S. 14-50.22(gang). þ en-US en-US2. from required suspended sentence to Class 2 misdemeanor. G.S. 90-95(e)(7).en-USLevel: en-US en-USIen-US (0) en-US en-USIIen-US (1-4) en-US en-USIIIen-US (5+) en-USMaterial opposite unmarked squares is to be disregarded as surplusage.en-US(Over) en-USBased 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 en-USen-USCourt ORDERS that the defendant222s probation be revoked, that the suspended sentence be activated, and the defendant be imprisoned for a term ofen-US en-US en-US en-US days in the custody of the: en-US þ N.C. DACJJ. en-US en-USSheriff of en-US en-US County. en-US Other: þ en-US. þ en-US en-USThe defendant shall be given credit for en-US en-US en-USCONCLUSION AND ORDER þ The sentence imposed above shall begin at the expiration of all sentences which the defendant is presently obligated to serve. þ The sentence imposed above shall begin at the expiration of the sentence imposed in the case below: en-USFile No.en-USOffenseen-USen-USen-USDate en-USThe Court further Orders:en-US en-US 1. þ The Clerk of Superior Court, under G.S. 7A-304(d), shall immediately disburse any undisbursed monies paid by the defendant under the Judgment en-USSuspending Sentence, as provided in that Judgment. In addition, the defendant shall pay to the Clerk the 223Total Amount Due224 below.en-USen-USNOTE: en-USen-USen-US þ 2. þ The Court finds just cause to waive costs, as ordered on the attached en-US en-US Other: þ en-US. þ 3. þ The Court finds that the defendant en-US is en-US þ 4. Work release, with the consent of the defendant. þ a. þ After any required processing, defendant shall be committed to: en-US þ þ en-US(1) þ en-US. en-USen-US(en-USNOTE: en-USen-US en-USen-USnoten-USen-US) þ þ en-US(2) þ en-US. en-US þ The Sheriff, Board of County Commissioners, or Division of Adult Correction and Juvenile Justice has consented to commitment to the en-US en-USabove-described facility that is not within this county. G.S. 15A-1352(d). þ þ þ c. þ 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 en-US þ 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. en-USFine Balanceen-USen-USPrior Atty Fees This Caseen-USen-USen-USen-USCosts Balance en-US$en-US$en-US$en-US$en-US$en-US$en-US$ American LegalNet, Inc. www.FormsWorkFlow.com en-USThe Court further Orders: en-USThe Court recommends: þ 1. þ Substance abuse treatment. en-US en-US 3. Work release en-US should en-US should not be granted. þ þ en-US but the Court en-USdoes not recommenden-US en-USrestitution be paid from work release earnings. þ en-US5. þ en-USOther: en-USAfter considering the record contained in the files numbered on Side One of this form, together with the evidence presented by the parties and the en-USstatements made on behalf of the State and the defendant, the Court finds: þ 1. þ The defendant is charged with having violated specified conditions of the defendant222s probation, as alleged in: þ þ a. þ the Violation Report(s) on file herein, which is incorporated by reference. þ þ þ þ 2. þ Upon due notice or waiver of notice en-US þ þ a. þ a hearing was held before the Court and, by the evidence presented, the Court is reasonably satisfied in its discretion that the defendant en-USviolated each of the conditions of the defendant222s probation as set forth below. þ þ þ þ 3. þ The condition(s) violated and the facts of each violation are as set forth en-US þ þ þ þ en-US of the Violation Report or Notice dated þ en-US. þ þ þ þ en-US of the Violation Report or Notice dated þ en-US. þ þ c. þ on the attached sheet þ en-US. þ 4. þ Each of the conditions violated as set forth above is valid; the defendant violated each condition willfully and without valid excuse; and each violation en-USoccurred at a time prior to the expiration or termination of the period of the defendant222s probation. þ þ Each violation is, in and of itself, a sufficient basis upon which this Court should revoke probation and activate the suspended sentence. þ 5. þ en-US(NOTE TO COURT: en-US þ The Court may revoke defendant222s probation en-USen-US: þ þ þ en-US en-USG.S. 15A-1343(b)(3a), as set out above. þ þ b. þ en-USen-US because the defendant twice en-USpreviously has been confined in response to violation under G.S. 15A-1344(d2). þ þ c. þ en-USen-USbecause the defendant twice previously has been confined in response to en-USen-USviolation that occurred after the first period of confinement was served.en-USMaterial opposite unmarked squares is to be disregarded as surplusage.en-USI certify that this Judgment and Commitment with the attachment marked below is a true and complete copy of the original which is on file in this case.en-USNOTE TO CLERK: en-USen-US þ en-USAppellate Entries (AOC-CR-350) þ Restitution Update Worksheet, Notice And Findings (Revocation Or en-US þ þ Other: en-US en-US. en-USen-USen-USDate þ þ þ en-USAsst. CSC þ en-USen-USSEAL en-USCERTIFICATION en-USIt is ORDERED that this Judgment be executed. It is FURTHER ORDERED that the sheriff arrest the defendant, if necessary, and recommit the defendant en-USto the custody of the official named in this Judgment on the reverse and furnish that official en-UStwoen-US certified copies of this Judgment and Commitment as en-USauthority for the commitment and detention of the defendant. en-USen-USDate þ þ þ en-USAsst. CSC þ en-US en-USIt is ORDERED that the Clerk deliver en-UStwoen-US certified copies of this Judgment and Commitment to the sheriff or other qualified officer and that the officer cause en-USthe 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 en-USshall have complied with the conditions of release pending appeal. þ en-USThe defendant gives notice of appeal from the Judgment of the District Court to the Superior Court.en-US en-USNOTE: þ en-USen-US þ en-US þ en-US. þ en-USThe defendant gives notice of appeal from the Judgment of the Superior Court to the Appellate Division. Appeal entries and any conditions of post en-USconviction release are set forth on form AOC-CR-350. en-USSIGNATURE OF JUDGE en-USORDER OF COMMITMENT AFTER APPEAL en-USDateen-USen-USen-USen-USen-USen-US en-USORDER OF COMMITMENT/APPEAL ENTRIES en-USFINDINGS American LegalNet, Inc. www.FormsWorkFlow.com File No. ADDITIONAL FILE NO.(S) AND OFFENSE(S)Name Of Defendant STATE OF NORTH CAROLINA County(Over)In The General Court Of Justice District Superior Court Division*NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). NOTE: þ Use this page in conjunction with all NCAOC judgment or probationary forms, to list additional offenses of conviction, deferred prosecution, or conditional discharge addressed in the court222s order. There are no A, B, C, D, or other v

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