FORM 7. (RULE 32, NDRCrimP)

STATE OF NORTH DAKOTAIN DISTRICT COURT

COUNTY OF ___________ _________ JUDICIAL DISTRICT

State of North Dakota, )
)
Plaintiff,  )
)
vs. ) Criminal No. ________
)
_________________________, )
)
Defendant.  )

CRIMINAL JUDGMENT AND COMMITMENT

On , 19 , , State's Attorney, being present and the defendant having appeared in person [with __________ as] [without] _______ counsel, being the date fixed by the Court for pronouncement of judgment and sentence upon on a [plea] [verdict] of Guilty of to the offense of:

The defendant having been was asked by the Court whether [she] [he] had any statement to make in [her] [his] 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,. theTheCourt having considered the same, and found no sufficient cause to the contrary having been shown why judgment should not be pronounced,.

IT IS THE JUDGMENT AND SENTENCE OF THE COURT:

(___) 1. The Defendant be committed to the:

[ ] Custody of the North Dakota Department of Corrections and Rehabilitation for imprisonment at hard labor in a state correctional facility

[ ] _______ County Jail for imprisonment at hard labor

[ ] _______ Regional Correction Center for imprisonment at hard labor

for a period _______ commencing beginning at 12:00 o'clock noon on _______, 19___, giving credit of _______ days for custodial time.

(___) 2. Execution of the sentence of imprisonment is suspended for a period of _______ commencingbeginning _______, during which period the Defendant is placed on [supervised probation subject to the supervision, management and control of the North Dakota Division of Parole and Probation Department of Corrections and Rehabilitation and its officers] [unsupervised probation], and subject to the conditions set forth [in the attached Appendix A,] [following: ]. any Anyviolation of which the 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.

(___) 3. 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

[ ]_______________ County Jail for imprisonment at hard labor

[ ]__________________ Regional Correctional Center for imprisonment at hard labor

for a period of _____________, with the balance of _______ suspended for a period of _______, commencing_______ beginning after the period of incarceration, during which period the Defendant is placed on [supervised probation subject to the supervision, management, and control of the North Dakota Department of Corrections and Rehabilitation Division of Parole and Probation and its officers] [unsupervised probation], and subject to the conditions set forth [in the attached Appendix A,] [following: ]. any Anyviolation of which the conditionsmay result in arevocation and termination of probation. Upon revocation of probation, the court may impose any sentence available at the time of the initial sentencing.

IT IS FURTHER ORDERED, unless otherwise stated in this Judgment, the Defendant is committed to the custody of

___ The North Dakota Department of Corrections and Rehabilitation

___ Sheriff of ______ County or the Sheriff's authorized representative

for incarceration at hard labor in accordance with the Judgment until expiration of the sentence or until discharged by proper authority.

IT IS FURTHER ORDERED, the Clerk of this Court shall deliver a certified copy of this Judgment and Commitment to the Sheriff or other appropriate officer as a commitment of the Defendant.

Dated at _______, North Dakota, _______, 19__.

BY THE COURT,

_________________________

Judge

(See Form 9 for Appendix "A")