Fill and Sign the Note Use Aoc Cr 310 for Dwi Offenses Form

File No. JUDGMENT SUSPENDING SENTENCE - FELONY PUNISHMENT: 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 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 The Court (NOTE: Block 1 or 2 MUST be checked.): 1. makes no written findings because the prison term imposed is within the presumptive range of sentences authorized under G.S. 15A-1340.17(c). 2. makes the Determination of aggravating and mitigating factors on the attached AOC-CR-605. 3. makes the Findings of Extraordinary Mitigation set forth on the attached AOC-CR-606. 4. finds the defendant has provided substantial assistance pursuant to G.S. 90-95(h)(5). 5. adjudges the defendant to be a habitual felon to be sentenced as a Class C felon. 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 the defendant’s admission. 7. finds 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 findings and orders on the attached AOC-CR-615, Side Two. 8. finds the above-captioned offense(s) involved the (check all that apply) physical or mental sexual abuse of a minor. (if No. 7 not found) and therefore imposes the special conditions of probation set forth on the attached AOC-CR-603A, Page Two, Side Two. 9. finds that a motor vehicle commercial motor vehicle was used in the commission of the offense and that it shall be reported to DMV. 10. 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. 11. (offenses committed on or after Dec. 1, 2008, only) finds the above-designated offense(s) involved criminal street gang activity. G.S. 14-50.25. 12. finds that the defendant refused to consent to conditional discharge under G.S. 90-96(a). 13. finds that the defendant used or displayed a firearm while committing the felony. G.S. 15A-1382.2. 14. finds that this was an offense involving child abuse or an offense involving assault or any of the acts as defined 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 (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 on 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. PRIOR RECORDLEVEL: I III V II IV VI Material opposite unmarked squares is to be disregarded as surplusage. (Over) 6XEMHFWWRWKHFRQGLWLRQVVHWRXWEHORZWKHH[HFXWLRQRIWKLVVHQWHQFHLVVXVSHQGHGDQGWKHGHIHQGDQWLVSODFHGRQ VXSHUYLVHG XQVXSHUYLVHG SUREDWLRQIRU months. 1. The Court finds that a longer shorter period of probation is necessary than that which is specified in G.S. 15A-1343.2(d). 2. The Court finds 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) FineRestitution*Attorney’s Fees Comm Serv Fee EHA FeeSBM Fee Appt Fee/Misc Total Amount Due Costs File No. OffenseCounty CourtDate This sentence shall run at the expiration of sentence imposed in file number \ . 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 be applied toward the sentence imposed above. imprisonment required for special probation set forth on AOC-CR-603A, Page Two. 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 7KHGHIHQGDQWVKDOOSD\WRWKH&OHUNRI6XSHULRU&RXUWWKH