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ORDER OF REMAND IN NON-IMPLIED-CONSENT OFFENSE CASES (For Appeals Filed On Or After Dec. 1, 2015) G.S. 15A-1431(h) Name Of Defendant STATE VERSUS Attorney For Defendant STATE OF NORTH CAROLINA County File No. In The General Court Of Justice Superior Court Division The defendant has withdrawn his/her appeal after the calendaring of this case for trial de novo in superior court and the Court has consented to that withdrawal with the attachment of costs. It is ORDERED that the case is remanded to the district court for immediate execution of its judgment with additional superior court costs that attached and have been waived, the undersigned having found just cause to waive the costs, as ordered on the attached AOC-CR-618. Other: . have not been waived. Date Name Of Superior Court Judge (type or print) Signature Of Superior Court Judge AOC-CR-321B, New 3/16 © 2016 Administrative Of�ce of the Courts STATE OF NORTH CAROLINA County File No. In The General Court Of JusticeSuperior Court Division G.S. 20-38.7 Name Of Defendant STATE VERSUS Attorney For Defendant (NOTE: Use for implied-consent offense(s) committed on or after December 1, 2006, where the appeal was filed on or after 1 December 2015. ) The defendant has withdrawn the appeal of this case for trial de novo in superior court (check one) 1. within ten (10) days of entry of judgment under G.S. 15A-1431(c), and the case is remanded to the district court. A new sentencing hearing shall be held in district court unless the State has executed certification no. 1, below. 2. prior to the calendaring of the case for trial de novo under G.S. 15A-1431(g), and the case is remanded to the district court. A new sentencing hearing shall be held in district court unless the State has executed certification no. 2, below. 3. after the calendaring of the case for trial de novo under G.S. 15A-1431(h), and the Court has consented to the withdrawal with the attachment of additional superior court costs. The case is remanded to the district court. A new sentencing hearing shall be held in district court unless the State has executed certification no. 3, below. The additional superior court costs that attached (check one) a. have been waived, the undersigned judge having found just cause to waive the costs as ordered on the attached AOC-CR-618 Other: . b. have not been waived. The defendant is ordered to appear in court at the date, time, and location indicated below. The defendant must appear even if the State enters the certification below. WITHDRAWAL AND REMAND ( NOTE TO PROSECUTOR: If there are new sentencing factors to be considered by the district court on remand, and therefore a new sentencing hearing is necessary, leave this section blank. If there are no new sentencing factors to be considered, and the case therefore may be remanded for execution of the district court judgment, select the appropriate certification and sign below. ) The defendant has withdrawn the appeal of this case for trial de novo in superior court (check one) 1. within ten (10) days of entry of judgment under G.S. 15A-1431(c), and the State certifies that it has no new sentencing factors to offer the court on remand. 2. prior to the calendaring of the case for trial de novo under G.S. 15A-1431(g), and the State certifies that it has no new sentencing factors to offer the court on remand. 3. after the calendaring of the case for trial de novo under G.S. 15A-1431(h), and the State certifies that it consents to the withdrawal and remand, and has no new sentencing factors to offer the court on remand. ( NOTE: “Notwithstanding the provisions of G.S. 15A-1431, for any implied-consent offense that is first tried in district court and that is appealed to superior court by the defendant for a trial de novo as a result of a conviction, when an appeal is withdrawn or a case is remanded back to district court, the sentence imposed by the district court is vacated and the district court shall hold a new sentencing hearing and shall consider any new convictions unless one of the following conditions is met: (1) If the appeal is withdrawn pursuant to G.S. 15A-1431(c), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court. (2) If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(g), the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court. (3) If the appeal is withdrawn and remanded pursuant to G.S. 15A-1431(h), the prosecutor has certified to the clerk, in writing, that the prosecutor consents to the withdrawal and remand and has no new sentencing factors to offer the court.” G.S. 20-38.7(c). (Applies to implied-consent offenses committed on or after December 1, 2006, where the appeal was filed on or after December 1, 2015. ) Date Name Of Superior Court Judge (type or print) Signature Of Superior Court Judge DateLocation Of Court Time AM PM SIGNATURE OF JUDGE CERTIFICATION OF PROSECUTOR THAT NEW SENTENCING HEARING IS UNNECESSARY (IF APPLICABLE) SIGNATURE OF PROSECUTOR Date Name Of Prosecutor (type or print) Signature Of Prosecutor WITHDRAWAL OF APPEAL ORDER OF REMAND IMPLIED-CONSENT OFFENSES (For Appeals Filed On Or After Dec. 1, 2015) AOC-CR-321B, Side Two, New 3/16 © 2016 Administrative Of�ce of the Courts