Form 13.8 Uniform Judgment and Sentence

IN THE DISTRICT COURT OF __________________________________________ COUNTY

THE STATE OF OKLAHOMA

STATE OF OKLAHOMA,

Plaintiff,

vs.

________________________________,

Defendant.

)

)

)

) Case No.: ________________________

)

)

)

)

Year of Birth:

Place of Birth:

Last four digits of SS#:

DOC #:

Last four digits of DL#:

State of issuance:

JUDGMENT AND SENTENCE

Now, on this _____ day of ____________________, 20____, this matter comes on before the undersigned Judge, for sentencing and the Defendant, ____________________________, appears personally and by Attorney _______________________________________________, the State of Oklahoma represented by ________________________________________________, and the Defendant, having previously:

( ) Entered a plea of guilty

( ) Entered a plea of Nolo Contendere

( ) Been found guilty by jury

( ) Been found guilty by Judge after waiver of jury trial

( ) Other _________________________________________________

To/of the crime(s) of:

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

Count ____: _________________________________________________; ______ O.S. §_________

Class _______ Date of Offense:_____________________________________________

(Attach additional sheet for additional counts or if computerized, add to body of Judgment and Sentence at each appropriate place.)

The defendant’s conviction(s) are after (check all that apply):

( ) no prior felony convictions

Count(s) enhanced pursuant to 21 O.S. § 51.1: ____________________________

( ) after one (1) prior felony conviction

( ) after two (2) or more prior felony convictions

List applicable prior felony conviction(s):_____________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Count(s) enhanced pursuant to 21 O.S. § 20A et seq. (Sentencing Modernization Act):___________________________________________________________

( ) after one (1) or two (2) prior Class C/D felony conviction(s)

( ) after one (1) or more prior Class A/B/Y felony conviction(s) or three (3) or more prior Class C/D felony convictions

List applicable prior felony conviction(s) (and class):____________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Count(s) enhanced pursuant to ____ O.S. § __________: ___________________

( ) after ________ prior felony conviction(s)

List applicable prior felony conviction(s):_____________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that the Defendant,

____________________________________________, is guilty of the above described offense(s) and is sentenced as follows:

TERM OF IMPRISONMENT

COUNT SENTENCED TO A TERM OF (mark percentage as N/A if not applicable):

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

Under the custody and control of:

( ) Oklahoma Department of Corrections;

( ) the ___________________________________________________ County Sheriff; or

( ) other: ____________________________________________________.

These terms to be served as follows (consecutive/concurrent) (with/without credit for time served):

______________________________________________________________________________

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Court, for a period of:

______________________________________________________________________________

TERM OF IMPRISONMENT WITH EXECUTION OF SENTENCE SUSPENDED IN PART

(Attach additional sheet(s) to clarify, if necessary)

COUNT SENTENCED TO A TERM OF (mark percentage as N/A if not applicable):

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

With all except the first ______________________ suspended under the custody and control of:

( ) Oklahoma Department of Corrections; or

( ) the _____________________________________________________ County Sheriff,

pursuant to the rules and conditions of probation entered by the Court.

These terms to be served as follows (consecutive/concurrent) (with/without credit for time served):

______________________________________________________________________________

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Court, for a period of:

______________________________________________________________________________

TERMS OF IMPRISONMENT WITH EXECUTION OF SENTENCE SUSPENDED

(Attach additional sheet(s) to clarify, if necessary)

COUNT SENTENCED TO A TERM OF (mark percentage as N/A if not applicable):

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

_____: _________________________________________________________________ at ________%

Under the custody and control of:

( ) Oklahoma Department of Corrections; or

( ) the ____________________________________________________ County Sheriff,

All of said term(s) of imprisonment suspended pursuant to the rules and conditions of probation entered by the court.

These terms to be served as follows (consecutive/concurrent) (with/without credit for time served):

______________________________________________________________________________

Upon release from such confinement, the Defendant shall serve a term of post-imprisonment supervision, under conditions prescribed by the Court, for a period of:

______________________________________________________________________________

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT that in addition to the preceding terms, the Defendant is also sentenced to:

FINE

( ) The defendant shall pay a fine of $_______________

( ) immediately; or

( ) on or before _________________, 20____ at the rate of $________ per____________,

or within _________________ days of release from the Department of Corrections.

( ) payment of $___________ is suspended pursuant to Rules and Conditions of probation.

COSTS, VCA, RESTITUTION

( )

The defendant shall pay costs, fees, and restitution in accordance with the schedule attached as Exhibit ____________.

RULES AND CONDITIONS OF PROBATION

The rules and conditions of probation as ordered by the court and signed by the defendant, acknowledging his/her understanding of the rules and conditions, are incorporated as Exhibit _____.

ATTORNEY FEES

( )

The defendant shall pay court-appointed attorney fee in the amount of $_________________ on or before ________________, 20_____, to ____________________________________.

HEARING ON ABILITY TO PAY AFTER INCARCERATION

( )

The defendant shall report to the District Court of ___________________________ County within ______________ days of release for a hearing on the defendant's ability to pay fines and costs pursuant to Section VIII of the Rules of the Court of Criminal Appeals, 22 O.S., Ch. 18, App.

IT IS FURTHER ORDERED that judgment is hereby entered against the Defendant as to the fines, costs and assessments set forth above.

The Court further advised the Defendant of his/her rights and procedure to appeal to the Court of Criminal Appeals of the State of Oklahoma, and that if he/she desired to appeal and was unable to afford counsel and a transcript of the proceedings, that the same would be furnished by the State subject to reimbursement of the cost of representation in accordance with Sec. 1355.14 of Title 22. The Court further advised the Defendant that, in the event the above sentence is for a crime involving domestic violence where the Defendant is or was a spouse, intimate partner, parent, or guardian of the victim or is or was involved in another similar relationship with the victim it may be unlawful for him or her to possess, purchase, receive, transport or ship a firearm including a rifle, pistol or revolver or ammunition pursuant to federal law under 18 U.S.C. Section 922(g)(8) or (9), or state law, or both.

In the event the above sentence is for incarceration in the Department of Corrections, the Sheriff of

____________________________________ County, Oklahoma, is ordered and directed to deliver the Defendant to the appropriate Assessment and Reception Center and leave therewith a copy of this Judgment and Sentence to serve as warrant and authority for the imprisonment of the Defendant as provided herein. A second copy of this Judgment and Sentence to be warrant and authority of the Sheriff for the transportation and imprisonment of the Defendant as herein before provided. The Sheriff to make due return to the Clerk of this Court, with his proceedings endorsed thereon.

COURT CLERK’S DUTY

[ trial judge to complete this section ]

IT IS FURTHER ORDERED that the Clerk of this Court shall register or report the following circumstances in accordance with the applicable statutory authority:

( ) As to Count(s) _______, the defendant is ineligible to register to vote and the Clerk of this Court shall submit a report pursuant to Section 4-120.4 of Title 26.

( ) As to Count(s) _______, the Court departed from the mandatory minimum sentence of imprisonment and the Clerk of this Court shall submit a report pursuant to Section 985.2.

( ) As to Count(s) _______, the defendant is subject to the Mary Rippy Violent Crime Offenders Act and the Clerk of this Court shall forward registration information, including Form 13.18 if applicable, as set forth in Section 597 of Title 57.

( ) As to Count(s) _______, the defendant is subject to the Methamphetamine Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 2-701 of Title 63.

( ) As to Count(s) _______, the defendant is subject to the Sex Offender Registry requirements and the Clerk of this Court shall forward registration information as set forth in Section 582.2 of Title 57.

( ) Defendant is a lawyer and certified copies of this document shall be transmitted to the Chief Justice of the Supreme Court and the General Counsel of the Bar Association within five (5) days as set forth in Section 7.2 of the Oklahoma Rules Governing Disciplinary Proceedings, 5 O.S.Supp.2014, ch. 1, app. 1-A.

Witness my hand the day and year first above mentioned.

(SEAL)

JUDGE OF THE DISTRICT COURT

___________________________________

(Name of Judge Typed)

ATTEST:

__________________________________________________

Court Clerk

__________________________________________________

Deputy Clerk

CLERK'S CERTIFICATION OF COPIES

I, ______________________________________, Clerk of the District Court of ______________________ County, State of Oklahoma, do hereby certify the foregoing to be true, correct, full and complete copy of the original Judgment and Sentence in the case of the State of Oklahoma vs. ____________________________ as the same appears of record in my office.

WITNESS my hand and official seal this _______ day of _________________________, 20____.

(SEAL)

By:

__________________________________________________

Court Clerk

__________________________________________________

Deputy Clerk

SHERIFF'S RETURN

I received this Judgment and Sentence the _______ day of ____________________, 20______ and executed it by delivering the Defendant to the Warden of the ___________________________ at _______________________, Oklahoma, on the______ day of ___________________, 20_____. I also certify the above prisoner has served ________ days in the County Jail on the present charge or charges.

______________________________________________

Sheriff

______________________________________________

Deputy Sheriff