MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, ROSEBUD COUNTY

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STATE OF MONTANA, ) CAUSE NO. DC 95-27

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Plaintiff, ) JUDGE JOE L. HEGEL

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vs. ) SENTENCING ORDER

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*, )

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Defendant. )

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A hearing was held on*, 1995, for the purpose of change of plea and sentencing. The Defendant,*, appeared with counsel,*, and entered a plea of guilty to the charges of COUNT I: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a misdemeanor, as specified in Section 45-9-102(2) M.C.A.; COUNT II: POSSESSION OF MARIJUANA, a felony, as specified in section 45-9-102(2) M.C.A., committed on or about April, 21, 1995, in Rosebud County, Montana.

IT IS ADJUDGED AND DECREED that the Defendant is guilty of the above stated offenses.

THE COURT hereby defers imposition of sentence for a period of two (2) years, with the following conditions: The Defendant shall pay a fine in the amount of $1,500.00 to the County Drug Fund, a contribution of $1,000.00 to the County Drug Fund, and a surcharge of $150.00 to the Clerk of District Court. These monies shall be payable as follows: The Court shall withhold from the bond posted by the defendant the amount of $1,500.00 to pay the fine imposed. Timepayments as determined and supervised by Adult Probation and Parole, shall be made on the remaining $1,000.00, plus the surcharge amount of $150.00, for a total amount of $1,150.00.

During the period of deferral, the Defendant is ordered to immediately sign up with the Adult Probation and Parole Office in Miles City, Montana, and apply for a transfer of supervision to Florida, as the defendant resides in Florida. The defendant shall be under the following terms and conditions of probation for the period of deferral:

1. The Defendant shall be placed under the supervision of the Department of Corrections and Human Services, Adult Parole and Probation Division, and be subject to their standard rules and regulations as listed below. That in the event the Defendant breaches any of the rules of said department or violates any laws of this State or any other states, or the Federal government, he shall be subject to immediate arrest and thereupon brought before this Court to determine if this Court should revoke this sentence as is the judgment of this Court which will then seem proper, lawful and just.

a. Residence: The Defendant shall not change his place of residence without first obtaining permission from his Probation/Parole Officer;

b. Travel: The Defendant shall not leave his assigned district without first obtaining written permission from his Probation/Parole Officer;

c. Employment: The Defendant shall maintain employment or a program approved by his Probation/Parole Officer, and must obtain permission from his Probation/Parole Officer prior to any change of employment;

d. Reporting: The Defendant is required to personally report to his Probation/Parole Officer as directed, and to submit written monthly reports on forms provided;

e. Weapons: The Defendant shall not own, possess or be in control of any firearms or deadly weapons, including black powder, as defined by state or federal law;

f. Financial: The Defendant must obtain permission from his Probation/Parole Officer before financing a vehicle, purchasing property, or engaging in business;

g. Search: Upon reasonable cause, the Defendant shall, while on parole or probation, submit to a search of his person, vehicle or residence by his Probation/Parole Officer, at any time, without a warrant;

h. Laws & Conduct: The Defendant shall comply with all city, county, state, and federal laws and ordinances and conduct himself as a good citizen. The Defendant shall report any arrests or contacts with law enforcement to his Probation/Parole Officer within 72 hours.

2. The Defendant shall not use or possess alcoholic beverages nor enter any establishment where alcohol is the chief item of sale;

3. The Defendant shall not use or possess illegal drugs;

4. The Defendant shall submit to testing of his blood, breath, and/or other bodily fluids to determine the presence of alcohol and/or illicit drugs upon the request of his supervising officer;

5. The Defendant shall not associate with known or convicted drug users and/or dealers;

6. The Defendant shall be subject to supervision fees in the amount of $10.00 per month, to be paid at the rate of $30.00 per quarter, or $120.00 per year, under the direction of his supervising officer.

The reasons for this sentence are as follows:

1. The Plea Bargain Agreement signed by the defendant;

2. The defendant’s cooperation with law enforcement and the judicial system.

Any bond posted is hereby exonerated, with the exception of the $1,500.00 which shall be applied towards the fine.

Done in open Court this 29th day of August, 1995.

DATED this day of August, 1995.

DISTRICT COURT JUDGE