Fill and Sign the District Attorneys Office Harnett Ampamp Lee Nc Conference of Form

File No. JUDGMENT SUSPENDING SENTENCE - MISDEMEANORPUNISHMENT: COMMUNITY INTERMEDIATE (STRUCTURED SENTENCING) (For Offenses Committed Before Dec. 1, 2009) G.S. 15A-1341, -1342, - 1343, -1343.2, -1346 NOTE: Use AOC-CR-310 for DWI offenses. Name Of Defendant Race Sex Date Of Birth Crt Rptr Initials STATE VERSUS STATE OF NORTH CAROLINA County Seat of Court In The General Court Of Justice District Superior Court Division Attorney For State Def. Found Def. Waived Not Indigent Attorney Attorney For Defendant Appointed Retained The defendant was found guilty/responsible, pursuant to plea ( pursuant to Alford) ( of no contest) trial by judge trial by jury, of Off. File No.(s) Offense Date CL. *Pun. CL. G.S. No. Offense Description Material opposite unmarked squares is to be disregarded as surplusage. (Over) 1. The Court �nds: (a) enhancement for G.S. 90-95(e)(4) (drugs). G.S. 14-3(c) (hate crime). G.S. 14-50.22 (gang misdemeanor). (b) enhancement from required suspended sentence to Class 2 misdemeanor. G.S. 90-95(e)(7). This �nding is based on a determination of this issue by the trier of fact beyond a reasonable doubt or on the defendant’s admission. 2. The Court imposes mandatory punishment pursuant to G.S. 14-33(d) (assault in the presence of a minor). 3. The Court �nds the above-designated offense(s) is a reportable conviction under G.S.14-208.6 and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603A, Page Two, Side Two, and makes the additional �ndings 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 Dec. 1, 2008, only) The Court �nds that the above-designated offense(s) involved criminal street gang activity. G.S. 14-50.25. 7. The Court �nds that the defendant refused to consent to conditional discharge under G.S. 90-96(a). 8. The Court �nds that this was an offense involving child abuse or an offense involving assault or any of the acts as de�ned in G.S. 50B-1(a) committed against a minor. G.S. 15A-1382.1(a1). *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 . Level: I (0) II (1-4) III (5+) 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 days in the custody of the: (check only one) Sheriff of County. Other: . Misdemeanant Con�nement Program (sentences greater than 90 days for which a facility is not otherwise speci�ed above). This sentence shall run at the expiration of sentence imposed in �le number . The defendant shall be given credit for days spent in con�nement prior to the date of this Judgment as a result of this/these charge(s), to be applied toward the sentence imposed above. 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 supervision unsupervised probation for months. 1. The Court �nds that a longer shorter period of probation is necessary than that which is speci�ed in G.S. 15A-1343.2(d). 2. The Court �nds 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. 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) File No. Offense CountyCourt Date SUSPENSION OF SENTENCE Fine Restitution* Attorney’s Fees Comm Serv Fee EHA Fee SBM Fee Appt Fee/Misc Total Amount Due Costs The defendant shall pay to the Clerk of Superior Court the “Total Amount Due” shown below, plus the probation supervision fee if placed on supervised probation above, pursuant to a schedule determined by the probation of�cer. set out by the court as follows: . *See attached “Restitution Worksheet, Notice And Order (Initial Sentencing)” AOC-CR-611, which is incorporated by reference. The Court �nds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: . Upon payment of the “Total Amount Due,” the probation of�cer may transfer the defendant to unsupervised probation. MONETARY CONDITIONS $ $ $ $ $ $ $ $ $ AOC-CR-604A, Rev. 12/17 © 2017 Administrative Of�ce of the Courts I certify that this Judgment and attachment(s) marked below is a true and complete copy of the original which is on file in this case. REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) NOTE: Any probationary judgment may be extended pursuant to G.S. 15A-1342. The defendant shall: (1) Commit no criminal offense in any jurisdiction. (2) Possess no �rearm, 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 of�cer. (6) Report as directed by the Court or the probation of�cer to the of�cer at reasonable times and places and in a reasonable manner, permit the of�cer to visit at reasonable times, answer all reasonable inquiries by the of�cer and obtain prior approval from the of�cer for, and notify the of�cer of, any change in address or employment. (7) Notify the probation of�cer if the defendant fails to obtain or retain satisfactory employment. (8) At a time to be designated by the probation of�cer, visit with the probation of�cer a facility maintained by the Section of Prisons. 9. The Court �nds that the defendant is responsible for acts of domestic violence and therefore makes the additional �ndings and orders on the attached AOC-CR-603A, Page Two, Side Two. SIGNATURE OF JUDGE CERTIFICATION ORDER OF COMMITMENT/APPEAL ENTRIES 1. It is ORDERED that the Clerk deliver two certi�ed copies of this Judgment and Commitment to the sheriff or other quali�ed of�cer and that the of�cer 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. 2. The defendant gives notice of appeal from the judgment of the District Court to the Superior Court. 3. The current pretrial release order is modi�ed as follows: . 4. The defendant gives notice of appeal from the judgment of the trial court to the Appellate Division. Appeal entries and any conditions of post c onviction release are set forth on form AOC-CR-350. 1. Appellate Entries (AOC-CR-350) 2. Judgment Suspending Sentence (AOC-CR-603A, Page Two) (additional conditions of probation) 3. Restitution Worksheet, Notice And Order (Initial Sentencing) (AOC-CR-611) 4. Judicial Findings As To Required DNA Sample (AOC-CR-319) 5. Judicial Findings And Order For Sex Offenders - Suspended Sentence (AOC-CR-615, Side Two) 6. Additional File No.(s) And Offense(s) (AOC-CR-626) 7. Other: . Date Name Of Presiding Judge (type or print) Signature Of Presiding Judge Date Certi�ed Copies Delivered To Sheriff Signature Of Clerk Date Deputy CSC Asst. CSC Clerk Of Superior Court SEAL Material opposite unmarked squares is to be disregarded as surplusage. SPECIAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1), 143B-704(c) The defendant shall also comply with the following special conditions which the Court finds are reasonably related to the defendant’s rehabilitation: 10. Surrender the defendant’s drivers license to the Clerk of Superior Court for transmittal/noti�cation to the Division of Motor Vehicles and not operate a motor vehicle for a period of or until relicensed by the Division of Motor Vehicles, whichever is later. 11. Submit at reasonable times to warrantless searches by a probation of�cer of the defendant’s person, and of the defendant’s vehicle and premises while the defendant is present, for the following purposes which are reasonably related to the defendant’s probation supervision: stolen goods controlled substances contraband child pornography . 12. Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number af�xed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any illegal drugs or controlled substances; and not knowingly be present at or frequent any place where illegal drugs or controlled substances are sold, kept, or used. 13. Supply a breath, urine, and/or blood specimen for analysis of the possible presence of a prohibited drug or alcohol, when instructed by the defendant’s probation of�cer. 14. Successfully pass the General Education Development Test (G.E.D.) during the �rst months of the period of probation. 15. Complete hours of community or reparation service during the �rst days of the period of probation, as directed by the judicial services coordinator and pay the fee prescribed by G.S. 143B-708. pursuant to the schedule set out under monetary conditions above. within days of this Judgment and before beginning service. 16. Report for initial evaluation by , participate in all further evaluation, counseling, treatment, or education programs recommended as a result of that evaluation, and comply with all other therapeutic requirements of those programs until discharged. 17. Not assault, threaten, harass, be found in or on the premises or workplace of, or have any contact with . “Contact” includes any defendant-initiated contact, direct or indirect, by any means, including, but not limited to, telephone, personal contact, e-mail, pager, gift-giving, telefacsimile machine or through any other person, except . 18. Other: 19. Comply with the Special Conditions Of Probation which are set forth on AOC-CR-603A, Page Two. AOC-CR-604A, Side Two, Rev. 12/17, © 2017 Administrative Of�ce of the Courts NOTE: Use this page with AOC-CR-603A, “Judgment Suspending Sentence - Felony”; AOC-CR-604A, “Judgment Suspending Sentence - Misdemeanor”; AOC-CR-619A, “Conditional Discharge Under G.S. 90-96(a)”; AOC-CR-621A, “Conditional Discharge Under G.S. 14-50.29”; AOC-CR-627A, “Conditional Discharge Under G.S. 90-96(a1)”; AOC-CR-632A , “Conditional Discharge Under G.S. 15A-1341(a4)”; or AOC-CR-633A, “Conditional Discharge Under G.S. 15A-1341(a5)”; for offenses committed before Dec. 1, 2009 . In addition to complying with the regular and any special conditions of probation set forth in the “Judgment Suspending Sentence” entered in the above case(s), the defendant shall also comply with the following special conditions of probation and conditions of special probation, which are de�ned as intermediate punishments by G.S. 15A-1340.11(6). 1. Special Probation - G.S. 15A-1351 For the defendant’s active sentence as a condition of special probation, the defendant shall comply with these additional regular conditions of probation : (1) Obey the rules and regulations of the Division of Adult Correction and Juvenile Justice governing the conduct of inmates while imprisoned. (2) Report to a probation officer in the State of North Carolina within seventy-two (72) hours of the defendant’s discharge from the active term of imprisonment. A. Serve an active term of days months hours in the custody of the N.C. DACJJ. Sheriff of this County. Other: . (NOTE: Noncontinuous periods of special probation may not be served in DACJJ. Also, special probation imposed in misdemeanor sentences on or after Oct. 1, 2014, may not be served in DACJJ. ) B. The defendant shall report in a sober condition to begin serving his/her term on: C. The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the next consecutive weeks, and shall remain in custody during the same hours each week until completion of the active term ordered. D. This term shall be served at the direction of the probation officer within days months of this judgment. E. Pay jail fees. F. Work release is recommended. G. Substance abuse treatment is recommended. H. Other: 2. Residential Program - G.S. 15A-1340.11(8); 15A-1343(b1)(2) Attend or reside in (name program) residential program for a period of days, months, and abide by all rules and after care regulations of that program. Other: 3. House Arrest With Electronic Monitoring - G.S. 15A-1340.11(4a); 15A-1343(b1)(3c) Be assigned to house arrest with electronic monitoring for a period of days, months, and submit to electronic monitoring and abide by all rules, regulations, and directions of the probation officer, regarding electronic monitoring, and pay the fees prescribed under G.S. 15A-1343(c2) pursuant to the schedule set out under Monetary Conditions. Other: 4. Intensive Supervision Program - G.S. 15A-1340.11(5); 15A-1343(b1)(3b); 143B-704(c) Submit to supervision by officers assigned to the Intensive Probation Program established pursuant to G.S. 143B-704(c), for a period of months (6 to 9 months recommended by the Section of Community Corrections) , and comply with the rules adopted by that program. Other: 5. Day Reporting Center - G.S. 15A-1340.11(3); 15A-1343(b1)(10); 15A-1340.11(6) Report as directed by the probation officer to the Day Reporting Center for a period of days, months, and abide by all rules and regulations of that program. Other: 6. Drug Treatment Court - G.S. 15A-1340.11(3a); 15A-1340.11(6) Comply with the rules adopted for the program as provided for in Article 62 of Chapter 7A of the General Statutes and report on a regular basis for a specified time to participate in court supervision, drug screening or testing, and drug or alcohol treatment programs. Other: File No. STATE VERSUS Name Of Defendant Material opposite unmarked squares is to be disregarded as surplusage.(Over) INTERMEDIATE PUNISHMENTS AM PM Day Hour Date AM PM Day Hour Date and shall remain in custody until: AOC-CR-603A, Page Two, Rev. 12/17, © 2017 Administrative Of�ce of the Courts Material opposite unmarked squares is to be disregarded as surplusage. NOTE: The following are not de�ned as intermediate punishments under G.S. 15A-1340.11(6). NOTE: Select only one of the three sets of conditions below. 1. Special Conditions For Reportable Convictions - G.S. 15A-1343(b2) NOTE: Impose only for a reportable conviction under G.S. 14-208.6. The defendant has been convicted of an offense which is a reportable conviction as de�ned in G.S. 14-208.6(4) and must a. Register as a sex offender and enroll in satellite-based monitoring if required on the attached AOC-CR-615, Side Two. b. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. c. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. d. (if the Court �nds physical, mental, or sexual abuse of a minor) Not reside in a household with (1) (for sexual abuse) any minor child. (2) (for physical or mental abuse) any minor child other than the child(ren) named below, for whom the court expressly �nds that it is unlikely that the defendant’s harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the probationer. (Name minor child(ren) with whom the probationer may reside in the same household) : . e. Submit at reasonable times to warrantless searches by a probation of�cer of the defendant’s person, of the defendant’s vehicle and premises, and of the defendant’s computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant’s probation supervision: child pornography . f. Other: 2. Special Conditions For Offenses Involving The Sexual Abuse Of A Minor - G.S. 15A-1343(b2) NOTE: Impose if offense involved sexual abuse of a minor but is not a reportable conviction. The defendant has been convicted of an offense involving the sexual abuse of a minor and must a. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. b. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. c. Not reside in a household with any minor child. (G.S. 15A-1343(b2)(4)) d. Submit at reasonable times to warrantless searches by a probation of�cer of the defendant’s person, of the defendant’s vehicle and premises, and of the defendant’s computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant’s probation supervision: child pornography . e. Other: 3. Special Conditions For Offenses Involving The Physical Or Mental Abuse Of A Minor - G.S. 15A-1343(b2) NOTE: Impose if offense involved physical or mental abuse of a minor but is not a reportable conviction and did not involve sexual abuse . The defendant has been convicted of an offense involving the physical or mental abuse of a minor and must a. Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court. b. Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense. c. Not reside in a household with (1) any minor child. (2) any minor child other than the child(ren) named below, for whom the court expressly �nds that it is unlikely that the defendant’s harmful or abusive conduct will recur and that it would be in the best interest of the child(ren) named below to reside in the same household with the probationer. (Name minor child(ren) with whom the probationer may reside in the same household) : . d. Submit at reasonable times to warrantless searches by a probation of�cer of the defendant’s person, of the defendant’s vehicle and premises, and of the defendant’s computer or other electronic mechanism which may contain electronic data, while the defendant is present, for the following purposes which are reasonably related to the defendant’s probation supervision: child pornography . e. Other: MANDATORY SPECIAL CONDITIONS FOR SEX OFFENDERS AND PERSONS CONVICTED OF OFFENSES INVOLVING PHYSICAL, MENTAL, OR SEXUAL ABUSE OF A MINOR - G.S. 15A-1343(b2) Date Name Of Presiding Judge (type or print) Signature Of Presiding Judge 1. Pursuant to its �nding that the defendant is responsible for acts of domestic violence, the Court further �nds that: a. there is an abuser treatment program, approved by the Domestic Violence Commission, reasonably available to the defendant, who shall: (1) (for supervised probation) attend and complete (check one) (program name) a program to be identi�ed by the probation of�cer, and abide by the program’s rules. The probation of�cer shall send a copy of this judgment to the program, which shall notify the of�cer if the defendant fails to participate or is discharged for violating any of its rules. (2) (for unsupervised probation) attend and complete (check one) (program name) a program chosen by the defendant, who shall notify the program and the district attorney of that choice within ten (10) days of the entry of this judgment, and abide by the program’s rules. The district attorney shall send a copy of this judgment to the program, which shall notify the district attorney if the defendant fails to participate or is discharged for failure to comply with the program or its rules. b. there is no approved abuser treatment program reasonably available. c. it would not be in the best interests of justice to order the defendant to complete an abuser treatment program because . 2. As additional Special Conditions of Probation, the defendant shall: a. not come within feet of at any time. b. comply fully with any G.S. Chapter 50B Domestic Violence Protective Order in effect. The above conditions are incorporated in the “Judgment Suspending Sentence” in the above case(s) and made a part thereof. ADDITIONAL CONDITIONS FOR DOMESTIC VIOLENCE AOC-CR-603A, Page Two, Side Two, Rev. 12/17, © 2017 Administrative Of�ce of the Courts 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: 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 court’s order. There are no A, B, C, D, or other variations of this form, so this page can be used to continue an offense list from any of the related forms, for any date(s) of offense or conviction. Off. File No.(s) Offense DateCL. F/M *Pun. CL. G.S. No. Offense Description Off. File No.(s) Offense DateCL. F/M *Pun. CL. G.S. No. Offense Description STATE VERSUS AOC-CR-626, Rev. 12/16 © 2016 Administrative Of�ce of the Courts ADDITIONAL FILE NO.(S) AND OFFENSE(S) *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). Off. File No.(s) Offense DateCL. F/M *Pun. CL. G.S. No. Offense Description AOC-CR-626, Side Two, Rev. 12/16 © 2016 Administrative Of�ce of the Courts