Note use this form only for complete revocation of probation
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File No.Co. Of Hearing
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 consolidated for judgment.
STATE OF NORTH CAROLINA
County Seat of Court In The General Court Of Justice
District Superior Court Division
JUDGMENT AND COMMITMENT UPON
REVOCATION OF PROBATION - MISDEMEANOR
(STRUCTURED SENTENCING)
(For Revocation Hearings On Or After Dec. 1, 2011) G.S. 15A-1344, -1345
Name Of Defendant
Race Sex Date Of Birth
Crt Rptr Initials
STATE VERSUS
Attorney For State Def. Found Def. Waived Not Indigent Attorney
Attorney For Defendant At Revocation Hearing
Date Of Judgment Suspending Sentence Name Of Original Sentencing Judge Name Of County Of Origin
Appointed
Retained
The defendant was placed on probation pursuant to the following Judgment\
Suspending Sentence:
Off.No. *Pun.CL. County Of Origin File No.(s) Offense Date CL. G.S. No. Offense Description
*NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement).
In the original Judgment Suspending Sentence, the Court determined, purs\
uant to G.S. 15A-1340.20, the number of prior convictions to be .
In the original Judgment Suspending Sentence, the Court found that this was an of fense involving assault, communicating a threat, or an act defined in G.S. 50B-1(a), and that the defendant had a personal relationship as defined by G.S. 50B-1(b) with the victim.
In the original Judgment Suspending Sentence, the Court sentenced the defendant based upon a finding of enhancement
1. for G.S. 90-95(e)(4)(drugs). G.S. 14-3(c)(hate crime). G.S. 14-50.22(gang).
2. from required suspended sentence to Class 2 misdemeanor. G.S. 90-95(\
e)(7).
Level: I (0) II (1-4) III (5+)
Material opposite unmarked squares is to be disregarded as surplusage. (Over)
Based upon the Findings set out on the reverse side, the Court concludes\
that the defendant has violated a valid condition of probation upon whi\
ch 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 susp\
ended sentence be activated, and the defendant be imprisoned for a term \
of days in the custody of the: (check only one)
N.C. DAC. Sheriff of County. Other: . Misdemeanant Confinement Program (sentences of 91-180 days if imposed on or after Jan. 1, 2012, and greater than 90 days if imposed on or after Oct. 1, 2014).
The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this/these charge(s).
CONCLUSION AND ORDER
The sentence imposed above shall begin at the expiration of all sentence\
s which the defendant is presently obligated to serve.
The sentence imposed above shall begin at the expiration of the sentence\
imposed in the case below:
File No. Offense County Court Date
The Court further Orders: (check all that apply) 1. The Clerk of Superior Court, under G.S. 7A-304(d), shall immediately d\
isburse any undisbursed monies paid by the defendant under the Judgment \
Suspending Sentence, as provided in that Judgment. In addition, the defe\
ndant shall pay to the Clerk the “Total Amount Due” below.
*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 must be completed whenever Recommendation No. 4 on the reverse is checked. Even if Recommendation No. 4 is not checked, AOC-CR-612 must be completed in EVERY CASE in which the defendant was ordered in the original Judgment Suspending Sentence, as a condition of probation, to pay restitution in an amount in excess of $250 to a Victims’ Rights Act victim.
2. The Court finds just cause to waive costs, as ordered on the attached \
AOC-CR-618. Other: .
3. The Court finds that the defendant is is not suitable for placement in a county satellite jail/work release unit. G.S. 15A-1352(a).
4. Work release, with the consent of the defendant.
a. After any required processing, defendant shall be committed to: [check (1) or (2)]
(1) . (prison facility within/out of this county) (NOTE: For misdemeanor sentences imposed on or after Oct. 1, 2014, the court may not order work release to be served in a DAC facility outside the county of the sentencing court. G.S. 15A-1352(d). )
(2) . (local confinement facility/satellite jail/work release unit within/out of this county) The Sheriff, Board of County Commissioners, or Division of Adult Correct\
ion has consented to commitment to the above-described facility that is \
not within this county. G.S. 15A-1352(d).
b. The defendant’s work release shall terminate on the date the offender loses his/her job or violates a condition of work release. c. Work release earnings shall be paid to the Clerk for payment of the item\
s and amounts set out above after deduction by the Division of Adult Correction of the amounts allowed under G.S. 148-33.1(f). 5. Any allegation of a violation stated in the Violation Report, Notice \
or otherwise which is not set forth in Finding No. 3 on the reverse is d\
ismissed.
Fine Balance Restitution Balance* Prior Atty Fees This Case Atty Fees This Proceeding Appt Fee/Misc Total Amount Due Costs Balance $ $ $ $ $ $ $
AOC-CR-608, Rev. 12/15
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