Fill and Sign the Checklist for Probation Revocation Appeals Office of Indigent Form

STATE OF NORTH CAROLINA File No. Co. Of Hearing In the original Judgment Suspending Sentence, the Court determined, pursuant to by the record. In the original Judgment Suspending Sentence, the Court found that this was an offense involving assault, communicating a threat, or an ac t de fined in G.S. 50B-1(a) , and that the defendant had a personal relationship as defined by G .S.50B-1(b) wi th the vi ct im . PRIOR RECO RD LEVEL: The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charg e(s). from the presumptive range of mini mum durations. from the minim um durations based upon the Findings of Aggravating and Mitigating Factors. based upon a finding of Extr aordinary Mitigation. based upon a finding of substantial a ssistance pursuant to G .S. 90 -95 (h)(5). based upon enhancement pursuant to: G .S. 90 -95 (e)(3) (drugs). G .S. 14 -3(c) (hate crime) . G.S. 50 B-4.1 (domestic violence ). G .S. 14- 50.22 (gang) . Other: In the original Judgment Suspending Sentence, the Court sentenced the defendant: 1. 2. 3. 4. 5. . III V II IV Based upon the Findi ngs of Fact set out on the reverse side, the Court concludes that the defendant has violated a valid condition of probation upon which the execution of the active sentence was suspended, and that continuation, modification or special probation or criminal contempt is not appropriate, and the Court ORDERS that the defendant's probation be revoked, that the suspended sentence be activated, and the defendant be imprisoned: The sentence activated this date shall begin at the expiration of all sentences which the defendant is presently obligated to serve . The sen tence activated this date shall begin at the expiration of the sentence imposed in the case referenced below: File No. Offense Co unty Court Date CONCLUSION AND ORDER for a minimum term of: for a maximum term of: N.C. DAC. in the custody of the: months monthsOther: . Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC- CR-607, Rev. 12/13 © 2013 Administrative Office of The Courts Seat Of Court In The Gen eral C ourt Of Justice County STATE VERSUS Race Sex htriBfOetaD G.S. 15A-1344, 15A-1345 Attorney For State Attorney For Defendant At Revocation Hearing Def. Found No t Indigent Def. Waived A ttorney The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence Name Of Original Sentencing Judge Name Of County Of Origin C ou nty of Origin File No.(s) Off. No. O ffense Description Offense Date G.S . No. F/M CL. District S up erior C ourt Division *NOTE: Enter punishment class if different from un derlyi ng offense class (p unishment class represents a status or enh ancement). App ointed Retained Crt Rptr Initials *Pun . CL. NOTE: Use this form only for complete revocation of probation. For confinement in response to violation under G. S. 15A-1344(d2), use AOC- CR-609. Enter a separate revocation judgment for each sentence activated, but one revocation judgment is sufficient where the original sentence was imposed on offenses c onsolidated for judgment. JUDGMENT AND COMMITMENT UPON REVOCATION OF PROBATION - FELONY (STRUCTURED SENTENCING) ( Fo r Revocati on Heari ngs On Or After Dec. 1, 2011) I VI Na me Of Defend ant G .S . 15A-1 340.14, the prior record points of the defendant to be , as disclosed Material opposite unmarked squares is to be disregarded as surplusage. AOC- CR-607, Side Two, Rev. 12/13 © 2013 Administrative Office of The Courts FINDINGS A fter considering the record contained in the files numbered above, together with the evidence presented by the parties and the statements made on behalf of the State and the defendan t, the Court finds: The Court further Orders: (check all that apply) 1. The Clerk of Superior Court, under G.S. 7A-304(d), shall immediately disburse any undisbursed monies paid by the defendant under the Judgment Suspending Sentence, as provided in that Judgment. In addition, the defendant shall pay to the Clerk the “Total Amount Due” below. Costs Balance $ Fine Balance $ Restitution Balance*$ Prior Atty Fees This Case$ Atty Fees This Pro ceeding $ Appt Fee/Misc$Total Amount Due$ *See attached “Restitution Update Worksheet, Notice and Findings (Revocation Or Termination Of Probation)," AOC-CR-612, which is incorporated by reference. NOTE: AOC-CR-612 mus t be completed whenever Recommendation No. 4 below is checked. Even if Reco mmendation No. 4 is not checked, AOC-CR-612 mus t be completed in EVERY CASE in which the defendant was ordered in the o riginal Judgment Suspending Sentence, as a condition of probation, to pay restitution in an a mount in excess of $250 to a Victims’ Rights Act victim. Any allegation of a violation stated in the Violation Repor t, Notice or otherwise which is not set forth in Finding No. 3 below is dismissed. Other: The Cou rt re co mm ends: Substance abuse treatment. 2 . Psychiatric and/or psychological counseling. 3. Work release should should not be granted. Payment as a condition of post-release supervision or from work release earnings, if applicable, of the “Total Amount Due” set out above. but the Court does not recommend restitution be paid as a condition of post-release supervision . from work release earnings. Other: a. b. a. b. a. b. The condition(s) violated and the fact s of each violation are as set forth (check all that apply) 3. The defendant is charged with having violated specified conditions of the defendant's probation as alleged in the: Violation Report(s) on file herein, which is incorporated by reference. Notice of Hearing on Violation Of Unsupervised Probation on file herein, which is incorpor ated by reference. Upon due notice or waiver of notice (check a. or b.) a hearing was held before the Court and, by the evidence presented, the Court is reasona bly satisfied in its discretion that the defendant violated each of the conditions of the defendant's probation as set forth below. the defendant waived a violation hearing and admi tted that he/she violated each of the conditions of hi s/her probation as set forth below. in Paragraph(s) of the Violation Report or Notice dated . 2. 1. I certify that this Judgment and Commitment with the a ttachment marked below is a true and complete copy of the original which is on file in this case. De puty CSC Assist ant CSC Clerk O f S up erior Court O RD ER OF COMMITMENT AFTER APPEAL Date Remanded To District Court Date Withdrawal Of Appeal Filed Date Appellate Opinion Certified SIGNATURE OF JUDGE Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge Date Appeal Dismissed 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 on the reverse and furnish that agency two certified copies of this Judgment and Commitment as authority for the commitment and detention of the defendant. Date Si gnature Of Clerk CERTIFICATION Appellate Entries (AOC- CR-35 0) Judicial Findings As To Forfeiture Of Licensing Privileges (AOC- CR-317) Restitution Update Workshee t, Notice And Findings (Revocation Or Termination Of Probation) (AOC- CR-612) ORD ER OF COMMITMENT/APPEAL ENTRIES It is ORDERED that the Clerk deli ver 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 rel ease pending app eal. The defendant gives notice of app eal from the judgment of the Court to the Superior Court. appellate division. App eal entries and any conditions of post-conviction rel ease are set forth on AOC-CR- 350. Date Certifi ed Copies Deliver ed To Sheriff SEAL Deputy CSC Assistant CSC CSC Signature Of Clerk Date Each of the conditions violated as set forth above i s valid; the defendant violated each condition willfully and without valid excuse; and each violation occu rred at a time prior to the expiration or termination of the period of the defendant' s probation. Each violation is, in and of itself, a su fficient basi s upon which this Court should revoke probation and activate the suspended sentence. 4. 5. (NOTE TO COURT: This finding is required when revoking probation for violations occurring on or after December 1, 2011.) The Court may revoke defendant’s probation ( check all that apply): a. for the willful violation of the condition(s) that he/she not commit any criminal offense, G.S. 15A-1343(b)(1), or abscond from supervision, G.S. 15A-1343(b)(3a), as set out above. b. because the defendant twice previously has been confined in response to violation under G.S. 15A-1344(d2). NOTE TO C LERK :Send certifi ed copies to the Clerk of S uperior Court of co unty of origin, if different, and to DAC, Attn: Combined Records, Courier Box 53-71-00, or mail to DAC, Attn: Combined Records, 4 226 Ma il Se rvice Center, Rale igh, NC 276 99-4 226. Additional File No.(s) And Offense(s) (AOC-CR-626) The Court finds just cause to waive costs, as ordered on the attached . AOC-CR-618. Other: 2. 3. 4. 1. 4. 5. in Paragraph(s) of the Violation Report or Notice dated . on the attached sheet . c. Other: NOTE : Fo r probation violations occurring on or after Dec. 1, 2013, G.S. 15A-1347(b) provides, “If a defendant waives a revocation hearing [in district court], the finding of a violation of probation, activation of sentence, or imposition of special probation may not be appealed to the superior court.” *NOTE:Enter punishment class if different from un derlyi ng offense class (punishment class represents a status or e nhancement). File No.(s) O ff. O ffense Description O ffense Date G.S . No. F/M CL. *Pun. CL. NOTE: Use this pa ge in conjunction with all AOC judgment or pro bationary forms, to list additional offenses of conviction, deferred prosecution, or conditional discharge addressed in the court’s order. There are no A, B, C, or other variations of this form, so t his page can be used to continue an offense list from any o f the related forms, for any date(s) of offense or conviction. Name Of DefendantSTATE VERSUS AOC-CR-626, New 12/11 © 2011 Administrative Office of the Courts STATE OF NORTH CAROLINA File No. County In T he Ge neral C ourt Of Justice District Super ior C ourt Divis ion (Over) ADDITIONAL FILE NO.(S) AND OFFENSE(S) *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). ADDITIONAL FILE NO.(S) AND OFFENSE(S) File No.(s) Off. Offense Description Offense Date G.S. No. F/M CL.*Pun. CL. AOC-CR-626, Side Two, New 12/11 © 2011 Administrative Office of the Courts