Okla. Stat. tit. 22, ch. 18, RULES OF THE COURT OF CRIMINAL APPEALS, XIII, form 13.8
[NOTE ON USE: The uniform Judgment and Sentence Form 13.8 shall be used in all felony convictions and any misdemeanor the subsequent conviction of which can be prosecuted as a felony. Provided, in those counties where the office of the District Attorney is utilizing the JustWare case management software that allows Form 13.8 to be tailored to reflect just the provisions of the uniform form that are applicable to a particular case, the use of that tailored Form 13.8 is authorized.]
IN THE DISTRICT COURT OF ______ COUNTY
THE STATE OF OKLAHOMA
STATE OF OKLAHOMA, Plaintiff, vs. __________________________________, Defendant. | ) ) ) ) No.:________________ ) ) ) ) |
DOB: ____________
SS#: ____________
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):
_________________________________________________________________
_________________________________________________________________
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 992(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.
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
Okla. Stat. tit. 22, ch. 18, RULES OF THE COURT OF CRIMINAL APPEALS, XIII, form 13.8