FORM 7(a). (Rule 32, NDRCrimP)

STATE OF NORTH DAKOTAIN DISTRICT COURT

COUNTY OF ___________ _________ JUDICIAL DISTRICT

State of North Dakota, )
)
Plaintiff,  ) CRIMINAL JUDGMENT
) AND COMMITMENT
vs. ) [PARTIAL SUSPENSION}
)
_________________________, ) Criminal No. ________
)
Defendant.  )

On this ______ day of ___________________, 19___, came_______________________, _________________________ County State's Attorney, and the above-named defendant appearing appeared in person (with as) (without) counsel; this being the date fixed by the court for pronouncement of judgment upon a (plea) (verdict) of guilty of to the offense(s) of:

As charged in the Criminal Information heretofore filed against said defendant in this court; and the same The defendant having been was asked by the court whether (s)he (he) (she) had any statement to make in (his) (her) own behalf or wished to present any information in mitigation of punishment or which would require the court to withhold pronouncement of judgment and sentence,. The court having considered the same, and found no sufficient cause to the contrary having been shown why judgment should not be pronounced,.

IT IS HEREBY THE SENTENCE AND JUDGMENT OF THIS COURT:

Count __________________

1. The defendant be imprisoned in committed to (the custody of the North Dakota Department of Corrections and Rehabilitation for imprisonment at hard labor in a state correctional facility) (the County Jail for imprisonment at hard labor) (the Regional Corrections Center for imprisonment at hard labor) for a period of ________________________ commencing beginning on the _________ day of _________, 19___.

2. The defendant first serve a period of __________ in the______________ be committed to (the custody of the North Dakota Department of Corrections and Rehabilitation for imprisonment at hard labor in a state correctional facility) (the County Jail for imprisonment at hard labor) (the Regional Corrections Center for imprisonment at hard labor) to first serve a period of , and the balance of _____________ is hereby suspended for a period of __________________ commencing _____________ beginning after the period of incarceration. During the suspended period, the defendant shall must be placed on (unsupervised probation) (supervised probation subject to the supervision, management and control of the Board of Pardons and its officers and agents) North Dakota Department of Corrections and Rehabilitation and its officers), subject to the terms and conditions set forth (in theattached Appendix A) (following: ). A violation of the rules or conditions may result in a revocation and termination of probation. Upon revocation of probation, the court may impose any sentence available at the time of the initial sentencing.

Credit of __________ days shall must be given for previous custody time.

IT IS FURTHER ORDERED, that, unless otherwise stated in this Judgment, the defendant is hereby committed to the ________________________ for incarceration at hard labor in accordance with the Judgment, and (s)he shall stand committed until expiration of the sentence, or until (s)he shall be discharged by proper authority. It is further ordered that the clerk of this court shall deliver a certified copy of the Judgment and Commitment to the sheriff or other appropriate officer and that said copy serve as a commitment of the defendant.

Dated at ____________________, North Dakota, this _______ day of _____________________, 19___.

BY THE COURT:

________________________

DISTRICT JUDGE