Fill and Sign the Mass State Trooper Claims He Was Forced to Change Dui Arrest Form

File No. JUDGMENT AND COMMITMENT ACTIVE PUNISHMENT - FELONY (STRUCTURED SENTENCING) (For Convictions On Or After Jan. 1, 2012) G.S. 15A-1301, -1340.13 NOTE: [Use AOC-CR-342 for DWI offense(s).] 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 Off. File No.(s) Offense DateF/MCL. *Pun. CL. G.S. No. Offense Description Material opposite unmarked squares is to be disregarded as surplusage. (Over) *NOTE: Enter punishment class if different from underlying offense class (puni\ shment class represents a status or enhancement). The Court: 1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of\ the defendant to be . Any prior record level point under G.S. 15A-1340.14(b)(7) is based o\ n the determination of this issue by the trier of fact beyond a reasonable doubt or the defendant’\ s admission to this issue. 2. makes no prior record level finding because none is required for Class A felony, violent habitual felon, or drug trafficking offenses. PRIOR RECORDLEVEL: I III V II IV VI The Court (NOTE: Block 1 or 2 MUST be checked.): 1. makes no written findings because the term imposed is: (a) in the presumptive range. (b) for a Class A felony. (c) for adjudication as a violent habitual felon, G.S. 14-7.12. (d) for drug trafficking. for which the Court finds the defendant provided substantial assistance\ , G.S. 90-95(h)(5). (e) in the aggravated range, pursuant to G.S. 20-141.4(b)(1a). 2. finds the Determination of aggravating and mitigating factors on the attached\ AOC-CR-605. egregious aggravation under G.S. 14-27.2A, 14-27.4A, 14-27.23, or 14-27.28, on the attached AOC-CR-618, which requi\ res a sentence in excess of that authorized by G.S. 15A-1340.17. 3. adjudges the defendant to be a habitual felon to be sentenced (offenses committed before Dec. 1, 2011) as a Class C felon. (offenses committed on or after Dec. 1, 2011) four classes higher than the principal felony (no higher than Class C) . 4. adjudges the defendant to be a habitual breaking and entering status off\ ender, to be sentenced as a Class E felon. 5. adjudges the defendant to be an armed habitual felon to be sentenced as \ a Class C felon (unless sentenced herein as a Class A, B1, or B2 felon)\ and with a minimum term of imprisonment of no less than 120 months. 6. finds enhancement pursuant to: G.S. 90-95(e)(3) (drugs). G.S. 14-3(c) (hate crime). G.S. 50B-4.1 (domestic violence). G.S. 14-50.22 (gang misdemeanor). Other: \ \ . This finding is based on the determination of this issue by the trier of\ fact beyond a reasonable doubt or on the defendant’s admission. 7. finds that the defendant committed the felony by using, displaying, or t\ hreatening the use or display of a firearm or deadly weapon and actually\ possessed the firearm or weapon about his or her person. This finding is\ based on the jury’s determination of this issue beyond a reasonable \ doubt or on the defendant’s admission. Pursuant to G.S. 15A-1340.16A, the C\ ourt has increased the minimum sentence by (check only one) (Class A-E felony committed prior to Oct. 1, 2013) 60 months. (Class A-E felony committed on or after Oct. 1, 2013) 72 months. (Class F or G felony committed on or after Oct. 1, 2013) 36 months. (Class H or I felony committed on or after Oct. 1, 2013) 12 months. 8. finds the above-designated offense(s) is a reportable conviction under\ G.S. 14-208.6 (check only one) a. and therefore makes the additional findings and orders on the attach\ ed AOC-CR-615, Side One. b. but makes no finding or order concerning registration or satellite-b\ ased monitoring due to a sentence of life imprisonment without parole. 9. finds the above-designated offense(s) involved the physical or mental sexual abuse of a minor. (NOTE: If offense(s) is not also a reportable conviction in No. 8 above, thi\ s finding requires no further action by the court. ) 10. finds that a motor vehicle commercial motor vehicle was used in the commission of the offense \ and that it shall be reported to DMV. 11. finds this is an offense involving assault, communicating a threat, or a\ n act defined by G.S. 50B-1(a), and the defendant had a personal relat\ ionship as defined by G.S. 50B-1(b) with the victim. 12. (offenses committed on or after Dec. 1, 2017, only) finds that the offense was committed as part of criminal gang activity a\ s defined in G.S. 14-50.16A(2). and that the defendant was a criminal gang leader or organizer as define\ d in G.S. 14-50.16A(3). This finding is based on the determination of \ this issue by the trier of fact beyond a reasonable doubt or on the defendant\ ’s admission. 13. finds the above-designated offense(s) involved (check one) (offenses committed Dec. 1, 2008 - Nov. 30, 2017) criminal street gang activity (offenses committed on or after Dec. 1, 2017) criminal gang activity. G.S. 14-50.25. 14. did not grant a conditional discharge under G.S. 90-96(a) because (check all that apply) the defendant refused to consent. (offenses committed on or after Dec. 1, 2013, only) the Court finds, with the agreement of the District Attorney, that the \ offender is inappropriate for a conditional discharge for factors related to the offense. 15. finds that the defendant used or displayed a firearm while committing th\ e felony. G.S. 15A-1382.2. 16. finds that this was an offense involving child abuse or an offense invol\ ving assault or any of the acts as defined in G.S. 50B-1(a) committed \ against a minor. G.S. 15A-1382.1(a1). The defendant was found guilty/responsible, pursuant to plea ( pursuant to Alford) ( of no contest) trial by judge trial by jury, of for a minimum term of: months and a maximum term of: months ASR term (Order No. 4, Side Two) months to Death (see attached Death Warrant and Certificates) in the custody of: N.C. DACJJ. Other: . The Court, having considered evidence, arguments of counsel and statemen\ t of defendant, Orders that the above offenses, if more than one, be consolidated for judgment and the defendant be sentenced (check only one) to Life Imprisonment Without Parole for Class A Felony. Class B1 Felony. Violent Habitual Felon. egregious aggravation under No. 2, above. The sentence imposed above shall begin at the expiration of all sentenc\ es which the defendant is presently obligated to serve. The sentence imposed above shall begin at the expiration of the sentenc\ e imposed in the case referenced below: The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charge(s). to Life Imprisonment With Parole, pursuant to G.S. Chapter 15A, Article \ 81B, Part 2A. File No. OffenseCounty CourtDate A2CC5, 5ev. 2,