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

Obsolete Date: 3/1/1998

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:

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

for a period _______ commencing 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 _______ commencing _______, 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 and its officers] [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

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 North Dakota Division of Parole and Probation and its officers] [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, 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 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")