OCCAOnline Rules of the Court of Criminal Appeals

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: Statutory Reference

Count : O.S.

 

Count : O.S.

 

Count : O.S.

 

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

(  )

The defendant has previously been convicted of (insert number) felony crimes and

 

the sentence has been enhanced in accordance with the provisions set forth in

 

O.S. ; and,

 

 

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

, is guilty of the above described offenses and is sentenced as follows:

TERM OF IMPRISONMENT

COUNT     SENTENCED TO A TERM OF:

 

 

 

 

,

 

Under the custody and control of:

(  ) Oklahoma Department of Corrections;

 

(  ) the County Sheriff; or

 

(  ) other: .

These terms to be served as follows (consecutive/concurrent):

 

.

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

 

 

 

 

,

 

 

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 term(s) to be served as follows (consecutive/concurrent):

 

.

TERMS OF IMPRISONMENT WITH EXECUTION OF SENTENCE SUSPENDED

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

COUNT      SENTENCED TO A TERM OF:

 

 

 

 

,

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 term(s) to be served as follows (consecutive/concurrent):

 

.

 

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 Lexington Assessment and Reception Center at Lexington, Oklahoma, 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 pursuant to Section 4-101 of Title 26.

 

( ) Pursuant to Section 985.1 of Title 22, the Court departed from the mandatory minimum sentence of imprisonment as to Count(s) _______.

 

( ) As to Count(s)_____ , the defendant is subject to the Methamphetamine Offender Registry requirements as set forth in Section 2-701 of Title 63.

 

( ) 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 Rule 7.2 of the Oklahoma Rules of Professional Conduct, 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 Court 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 Lexington Assessment and Reception

Center at Lexington, 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


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