FORM 7. (Rule 32, N.D.R.Crim.P.)

Obsolete Date: 3/1/1997

STATE OF NORTH DAKOTA IN (COUNTY COURT)

COUNTY OF _______ (DISTRICT COURT)

(_______ JUDICIAL DISTRICT)

The 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] [without] _______ counsel, being the date fixed by the Court for pronouncement of judgment and sentence upon a [plea] [verdict] of Guilty of the offense of:

The defendant having been 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, the Court having considered the same, and no sufficient cause to the contrary having been shown why judgment should not be pronounced,

IT IS THE JUDGMENT AND SENTENCE OF THE COURT THAT:

(___) 1. The Defendant be imprisoned in the

[ ] North Dakota State Penitentiary

[ ] North Dakota State Farm

[ ] _______ County Jail

[ ] _______ Regional Correction Center

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

(___) 2. That execution of the sentence of imprisonment is suspended for a period of _______ commencing _______, during which period the Defendant is placed on [supervised probation subject to the supervision, management and control of the Board of Pardons and its officers and agents] [unsupervised probation], and subject to the conditions set forth in the attached Appendix A, any violation of which may result in a revocation and termination of probation.

(___) 3. The Defendant first serve a period of _______ in the

[ ] North Dakota State Penitentiary

[ ] North Dakota State Farm

[ ] _______ County Jail

[ ] _______ Regional Correction Center

with the balance of _______ suspended for a period of _______, commencing _______, during which period the Defendant is placed on [supervised probation subject to the supervision, management, and control of the Board of Pardons and its officers and agents] [unsupervised probation], and subject to the conditions set forth in the attached Appendix A, any violation of which may result in a revocation and termination of probation.

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

___ Warden of the State Penitentiary

___ Superintendent of the State Farm

___ 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, that the Clerk of this Court 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

Original to Court file

___ 1 Certified copy to Warden/Superintendent of State Farm if imprisonment is ordered

___ 1 Certified copy to Sheriff/Jail Administrator if county imprisonment is ordered

___ 1 Copy to Defendant

___ 1 Copy to State's Attorney

___ 1 Copy to Parole/Probation Department, P.O. Box 5521, Bismarck, ND 58502 5521 if on supervised probation

___ 1 Copy to Local Probation Officer if on supervised probation

(See Form 9 for Appendix "A")