Fill and Sign the Use This Form Only for Complete Revocation of Probation pdfFiller

STATE OF NORTHCAROLINA File No. Co. Of Hearing Date The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charge. The sentence activated this day shall begin at the expiration of the sentence imposed in the case referenced below: The sentence activated this day shall begin at the expiration of all sentences which the defendant is presently obligated to serve. Offense County CourtDate F ile No. Date AM PM AM PM Day Hour Day Hour and shall remain in custody until: The defendant shall report in a sober condition to begin serving this t erm on: for a minimum t erm of for a maximum te rm of in the custody of the N.C. Division of Adult Co rrection. S heriff of County. Other (for ordered work release). Based upon the Findings 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 is not appropriate, and the Court ORDERS that the defendant's probation be revoked, that the suspended sentence be activated, and that the defendant be imprisoned Superior Court Di strict Court Name Of County Of Origin Date Def. Found Not Indigent Def. Waived Attorney Retained Appointed Material opposite unmarked squares is to be disregarded as surplusage. (Over) In The G eneralCou rt Of Justice Coun ty S eat of C ourt AOC-CR-343, Rev. 12/15 © 2015 Administrative Office of the Courts Di strict S uperio rCou rtDi vis ion G.S. 15A-1344, 15A-1345 STATE VERSUS Name Of Defendant Sex Date Of Birth Attorney For State Attorney For Defendant At Revocation Hearing The defendan t was placed on probationpursuan t to the followi ng Judg men t Suspe nding Sen ten ce: Race Offense No. DWI Punishment Level Offense Date Minimum Term Maximum Term F ile No. Offense Impaired Driving (G.S. 20-138.1). Impaired Driving in a commercial vehicle (G.S. 20-138.2). Operating a co mmercial vehicle after consuming alcohol and this was the defendant's second or subsequent conviction of this offense (G.S. 20-138.2A). Operating a school bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or law enforcement vehi cle after consuming alcohol and this was the defendant's second or subsequent conviction of this offense (G.S. 20-138.2B). The defendant shall again report in a sober condition to continue serving this te rm on the same day of the week for the next consecutive weeks, and shall remain in custody during the same hours each week. 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. IMPAIRED DRIVING JUDGMENT AND COMMITMENT UPON REVOCATION OF PROBATION ( Fo r Revocati on Heari ngs On Or After Dec. 1, 2011) Crt Rptr Initials 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 Proc eeding $ 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. 2. The Court finds just cause to waive costs, as ordered on the attached 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: [che ck (1) or (2)] (prison facility within/out of this county) (NOTE: For sentences imposed under G.S. 20-179 on or after (1) (local confinement facility/satellite jail/work release unit within/out of this county) The Sheriff, Board of County Commissioners or Division of Adult Correction 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 o ffender 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 items 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 on the reverse is d ismissed. 6. Other: (2) . AOC-CR-618. Other: Misdemeanant Confinement Program. January 1, 2015, 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). ) Name Of Presiding Judge (Type Or Print) 1. 3. 2. It is ORDERED t hat the Clerk delive r two certifi ed cop ies of this Judgm ent and Commitm ent to t he she riff or ot her qua lified officer and tha t the officer c ause t he de fen dan t to be de liver ed with t hese c opies to t he cust ody of t he ag ency named on the reverse to serve t he sen ten ce im posed or until t he de fen dan t sha ll have compli ed with the conditions of rel ease pe nding ap pea l. The de fen dan t gives no tice of ap peal from t he judg men t of t he Supe rior C ourt to t he ap pellate divi sion. App eal en tries and an y c ond ition s of post convict ion rel ease are set forth on form AOC-CR- 350. T he de fen dan t gives no tice of ap peal from t he judg men t of t he District C ourt to t he Supe rior C ourt. T he curr ent pretrial rel ease or de r is m odified as follows: NOTE TO CLERK: Send certified copies to the Clerk of Superior Court of county of origin, if different, and to DAC, Attn: Combined Records, Courier Box 53-71-00 , or mail to DAC, Attn: Combined Records, 4226 Mail Service Center, Raleigh, NC 27699-4226. I certify t hat this J udgment and Commitm ent and the attachm ent(s) mark ed be low is a tr ue and complete c opy of t he origi nal which is on file in this case. A ppellate Entries (AOC-CR- 350) It is ORDERED t hat this J udgmen t be execut ed. It is FURTHER ORDERED that t he she riff arrest t he de fen dan t, if necessary, and recommit t he de fen dan t to the custody of the agency named in this Judgm ent and furnish t hat ag ency two certifi ed cop ies of this J udg men t and Commitm ent as autho rity for t he commitm ent and de ten tion of t he de fen dan t. Date Date Remanded To District Court Deputy CSC Clerk Of Superior Court Assistant CSC Date App ellate Opinion Certified O RD ER OF COMMITMENT AFTER APPEAL Date Appeal Dismissed Date Withdrawal Of Appeal Filed Signature Of Clerk S IG NA TUR E O F JU DGE Date Signature Of Presiding Judge CERTIFI CATIO N ORD ER OF COMMITMENT A ND APPEAL ENTRIES Material opposite unmarked squares is to be disregarded as surplusage. The Court further recommends: AOC-CR-343, Side Two, Rev. 12/15 © 2015 Administrative Office of the Courts b. a. b. a. c. on the attac hed sheet Each violati on is, in and of itself, a sufficient basis up on which this C ourt s hou ld re voke pr obation and acti vate t he sus pended s en ten ce. 4. Each of t he cond ition s violat ed as set forth above is valid. The de fendan t violat ed ea ch c ond ition willfully and withou t valid excuse and ea ch violati on occurr ed at a time prior to t he expirati on or termi nation of t he pe riod of t he defe ndan t's pr obation . the de fen dan t waived a violat ion hear ing and ad mitt ed tha t he /she violat ed ea ch of t he cond ition s of his/ her p roba tion as set forth below. a hea ring was held be fore t he Cou rt and, by t he evid ence pres ented , the Cou rt is r eason ably satisfi ed in its discreti on tha t the de fen dan t violat ed ea ch of t he cond ition s of t he de fen dan t's pr obation as set forth below. t he Violati on Re port(s) on file herein, which is/are incor porat ed by refer ence. t he Notice of H earing To Revo ke Uns upervised Pr oba tion on file herein, which is inc orporat ed by refer ence. After c onside ring the record c ontained in the file numbe r above, t ogethe r with t he eviden ce pre sented by t he pa rties and the statem ents m ade on be half of t he State and the de fen dan t, the Cou rt fi nds: 1. 2. 3. T he de fen dan t is c harged with having vi olated s pecifi ed cond ition s of his/ her pr oba tion as alle ged in: U pon due no tice or wai ver of notice (check a. or b.) T he cond ition (s) violated and t he fac ts of each viola tion are as set forth (che ck all t ha t ap ply) FI ND INGS Re stituti on Update Worksheet, Notice And Findings (Revocation Or Termination Of Probation) (AOC-CR-612) Date Certifi ed Copies Deliver ed To Sheriff SEAL Deputy CSC Assistant CSC CSC Si gna ture Of Clerk Date 5. (NOTE TO COURT: This fin ding is requ ired w hen re voki ng pr oba tion for v iolati ons occ urrin g on or after Decemb er 1, 2011.) T he Co urt may revoke defend ant’s pr oba tion ( check all tha t ap ply) : a. for the w illful v iolation 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. becau se the defendant twice previ ously has been c onfined in re sponse to vi olation und er G.S. 15A-1 344 (d2) . Other : a. in Par agraph(s) of the Violation Report or Notice dated . b. in Par agraph(s) of the Violation Report or Notice dated . . The Court recomm ends: 1. Substance abuse treatment. 2. Work release should should not be granted. 3. Payment as a condition of parole or 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 parole or post-release supervision. from work release earnings.