IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, Case No. 08C539l3 Plaintiff, FINAL JUDGMENT AND SENTENCING ORDER vs. TURNIDGE, BRUCE ALDON, Defendant. MATTER came before the Court on an Indictment charging the Defendant with 10 Counts of AGGRAVATED MURDER, the State appearing personally and through Matthew D. Kemmy, Katie Suver and Courtland Geyer, Deputy District Attorneys for the County of Marion and the defendant appearing personally and through John Storkel and Mark Brownlee, attorneys for the defendant. The Defendant was tried by a Jury and, on December 8, 2010, unanimously found guilty of I0 Counts of AGGRAVATED MURDER. On December 22, 2010, the Jury unanimously answered the four sentencing questions in the affirmative. THEREFORE, IT IS ADJUDGED that the Defendant, Bruce Aldon Tumidge, is convicted of 10 Counts of AGGRAVATED MURDER as charged in Counts 1 through 10 of the Indictment: COUNT 1 The defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being, defendant having unlawfully and intentionally caused the death of William Hakim, an additional human being, in the course of the same criminal episode. COUNT 2 As part of the same act or transaction as alleged in Count 1 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Hakim, another human being, defendant having unlawfully and intentionally caused the death of Thomas Tennant, an additional human being, in the course of the same criminal episode. COUNT 3 As part of the same act or transaction as alleged in Count and Count 2 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of Thomas Tennant, another human being who was a police officer, the death being related to the performance of Thomas Tennant's official duties the justice system. COUNT 4 As part ofthe same act or transaction as alleged in Count 1, Count 2 and Count 3 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally cause the death of William Hakim, another human being who was a police oflicer, the death being related to the performance of William Hakim's oflicial duties in the justice system, COUNT 5 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3 and Count 4 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did and intentionally, by means of an explosive, cause the death of Thomas Tennant, another human being. 6 A As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4 and Count 5 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally, by means of an explosive, cause the death of William Hakim, another human being. COUNT 7 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5 and Count 6 above the defendant, on or about December 12, 2008, in Marion Cotmty, Oregon, did unlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: unlawfully and with intent to damage property, damage by means of an explosive, the building located at 2540 Newberg Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the furtherance of the crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was not a participant in the crime. COUNT 8 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6 and Count 7 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Criminal Mischief in the Degree by means of an explosive, to wit: unlawfully and with intent to damage property, damage by means of an explosive, the building located at 2540 Newberg Hwy, the property of West Coast Bank, the defendant having no right to do so nor reasonable ground to believe that defendant had such right and in the course of and in the furtherance of the crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a human being who was not a participant in the crime. COUNT 9 As part of the same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7 and Count 8 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in thel st Degree, to wit: unlawfully and ltnowingly while in the course of attempting to commit theft, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, and use a dangerous weapon, and in the course of and in furtherance ofthe crime that defendant was committing, defendant personally and intentionally caused the death of William Hakim, a human being who was not a participant in the crime. COUNT 10 As part ofthe same act or transaction as alleged in Count 1, Count 2, Count 3, Count 4, Count 5, Count 6, Count 7, Count 8 and Count 9 above, the defendant, on or about December 12, 2008, in Marion County, Oregon, did unlawfully and intentionally commit the crime of Robbery in thelst Degree, to wit: unlawfully and knowingly while in the course of attempting to commit theft, and with the intent of compelling a person to deliver the property, use and threaten the immediate use of physical force upon another person, and use a dangerous weapon, and in the course of and in furtherance of the crime that defendant was committing, defendant personally and intentionally caused the death of Thomas Tennant, a human being who was not a participant in the crime. THE COURT FINDS: 1. The defendant's conduct in Counts the indictment violated one statutory provision of Aggravated Murder, and therefore, consists of one conviction involving the death of Thomas Tennant. 2. The defendant's conduct in Counts 2, 4, 6, 7 and 9 ofthe indictment violated one statutory provision of Aggravated Murder, and therefore, consists of one conviction involving the death of William Hakim. 3. The defendant's conduct as to each of the altemative theories of Aggravated Murder individually supports the sentence of death imposed hy the jury. IT IS HEREBY ORDERED, pursuant to law, that Counts 1, 3, 5, 8 and 10 merge for the purpose of this sentencing order. IT IS FURTHER ORDERED, pursuant to law, that Counts 2, 4, 6, 7 and 9 merge for the purpose of this sentencing order, IT IS FURTHER ORDERED, pursuant to law, that Count 18 merges for the purpose of this sentencing order with Counts 1 through 10. IT IS FURTHER ORDERED that on Counts 1, 3, 5, 8 and 10, involving the death of Thomas Tennant, the Defendant Bruce Aldon Turnidge is sentenced to death as provided in ORS IT IS FURTHER ORDERED that on Counts 2, 4, 6, 7 and 9, involving the death of William Hakim, the Defendant Bruce Aldon Tumidge is sentenced to death as provided in ORS IT IS FINALLY ORDERED that the Marion County Sheriffs Office, or his designee, or the Department of Corrections, or its designee, shall immediately deliver the defendant to the Superintendent of the Oregon State Penitentiary. (2 THOMAS M. HART Dated at Salem, Oregon, Marion County Circuit Court Judge IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintifl; JUDGMENT 5,1 \l\c"hm= A Case ldot'\ ant. I Count# I I Defendant has been convicted of ra ical as alleged in com: I uma amended indictment/information, by ilty ples: contest plea; Court verdict; Stipulated facts verdict. Defendant is present with legal counsel. Defendant lmnwingly waived attomey alter advice of rights. The Court Ends apresumptive term months, with a grid block of CSS: lo CHS: ITIS HEREBY ORDERED THAT: IS IS NOT A GUIDELINES SENTENCE. IS A STIPULATED SENTENCE. SENTENCE IS A PRESUMPTIVE IS A PERSON CRIME IS A BMI I37.700) CONVICT ION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635. IS A ORS |37.7l7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE. AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. THE COURT FINDS THAT DEFENDANT HAS BEEN CONVICT ED OF A CRIME SPECIFIED IN ORS l37,076 AND THEREFORE ORDERS DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS I8 I 8|.596. DEFENDANT shall submit to an HIV test pursuant to ORS I35.I39. (DC) DEFENDANT SHALL BE COMMITTED T0 THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR |20 MONTHS. THE LENGTH OF SUPERVISION SHALL BE QQ MONTHS. If defendant violats conditions of post-prison supervision, defendant shall be subject to sanctions including posibility of additional imprisonment. The Court finds beyond a reasonable doubt that defendant used or threatened the use of a lirearm. The defendant shall serve a mandatory minimum of pursuant to ORS I6I .6I0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). yt) Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact that this is a conviction pursuant to ORS I37.700 (Ballot Measure ll). DEFENDANT SHALL BE PLACED ON PROBATION T0 Marion County Corrections Court Pursuant to I37.0l2 for a period of months with the following conditions comprising the terms thereof: DEFENDANT SHALL SERVE THE SANCFION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for rise during the probation term, for a TOTAL OF ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws. Attaphed conditions of supervision dated are incorporated herein. 1 'Ihe incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, I DEFENDANT IS SENTENCED to pay to the Clerk of the Court the amounts designated under the Money Award section, which is set forth herealter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss is allowed for count(s) Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation, DEFENDANT'stipulates that the following is/are a nuisance and shall be destroyed: I IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3|.550 l3l .6002 and defendant waives all right, title and interest to said property. IT IS FURTHER ORDERED AND ADJUDGED that: lgi' ll IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. Page I of COPIES: Blue Court Canarv=DA; Pink=Def; Goldenrod=Attv Rev 06/06 CourtNo. l93C?5"ll?> Moruav AWARD count No, JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT Mm and ioimly and ITEMIZED OBLIGATIONS: Restitution/Compensatory fine, is ordered to be paid to the Court and disbursed to: 5 _lg (name and address of victim or agent) I . er Restitution Addendum/Cornpensatory line attached hereto and by this reference incorporated herein A $100 bench probation fee S35 (Felony surcharge) I 0 Unitary Assesrnent Fine ORS Chapta' |63 Assessment of above line is compensatory Assessment of line is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion service/probation service/probation Attomey Fees (Costs) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court-ordered contrhution] 'Lil of Attomey Fees are waived/suspended upon completion servicelprobation 1799- 95 TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court`s Collection Office. Pay this balance immediahelyq any unpaid portion upon release from incarceration shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision .. 4 . ns 2/ nr.. IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security Control Number NOTICE T0 THOSE OWING MONEY TO THE COURT: 'I`he law allows fees to recover administrative and colleetion oosts to be automatically added and collected, without further notice to you Of action by the court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. on deposit herein toward this money award and, to the extent permitted by law, disb i is (nu . . restitution, Crime Victim Assessment, fines, assessments, fees and then to other costs adjudged herein, Judge DATED this day of A A 1 Ct. Rptr. DDA _4 DefAtty Arresting Agen Crime Date slid,-ll-0% CIRCUIT COURT .IUD Judgment Page 2 of 2 COPIES: Blue=Court Canary=DA; Pink=Dei? Go|denrod=Atty 35B Rev3/ 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintiff; JUDGMENT vs_ . . Case# Pefwlt I on defendant. count Defendant has been convicted of as alleged in Count I3 of tI1e amended indictmentlinfommtion, by uilty plea; No contest plea; Court verdict; Stipulated facts verdict l? Defendant is present with legal counsel. Defendant knowing attomey alter advice of rights. The Court finds a presumptive() term of _?g4IeO months, with a grid block of CSS: I CHS: I IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES SENTENCE. IS A STIPULATED SENTENCE. SENTENCE IS A PRESUMPTIVE THIS IS A PERSON CRIME CONVICTIONN THIS IS A BMI l37.700) CONVICTION. SENT ENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635. THIS IS A ORS l37.7I7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENT ENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD, w? THE COURT FINDS THAT DEFENDANT HAS BEEN ED OF A CRIME SPECIFIED IN ORS 137.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register ns a sex pursuant to ORS l8l 8 I.596. DEFENDANT shall submit to an HIV test pursuant to ORS l35.l39. 94 DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR I 2,0 MONTHS. THE LENGTH OF POST SUPERVISION SHALL BE i MONTHS. If defendant violates conditions of post-prison supervision, defendant shall he subject to sanctions including possibility of additional imprisonment. The Court Ends beyond a reasonable doubt that defendant used or threatened the use of a lirearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l .6l0. Defendant MAY be considered for various leave, release orprogram options pursuant to SB 936, SECTION I4 (I 997). Defendant MAY NOT be considered for various leave, rclease or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS I37.750 or based upon the fact that this is a conviction pursuant to ORS l37.700 (Ballot Measure II). I SHALL BE PLACED ON PROBATION TO Marion County Corrections Court Pursuant to I37.0l2 for a period of months with the following conditions comprising the terms thereofi DEFENDANT SHALL SERVE THE SANCTION UNITS FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to on the number of sanction units available for use during the probation term, for a TOTAL OF ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY IAIL. Defendant shall NOT receive credit for presentence incarcnation. (X) Defendant shall obey all municipal, county, state and federal laws. Attached conditions of supervision dated are incorporated herein. DEF ENDANT IS to pay to the Clerk ofthe Court the amounts designated under th Money Award section, which is set forth hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss is allowed for count(s) Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, DEFENDANT stipulates that the following is/are a nuisance and shall he destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS I3l.550 I3l.600: and defendant waives all right, title and interest to said property. IT IS FURTHER ORDERED AND ADJUDGED that: IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. Page I of 2 COPIES: Blue Court Canarv=DA: Pink=DeIE GoIdenrod=Attv Rev 06/06 CounNo. MONEY AWARD count No. I 5 JUDGMENT CREDITORZ STATE OF OREGON JUDGMENT 'Tu mi ?j i Jon .nd jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory line, is ordered to be paid to the Court and disbursed to: 3 (name and address of victim or agent) 5 (name and address of victim or agent) I Per Restitution AddmdumlCompensaxory line attached heme and by this reference incorporated herein A $l00 bench probation fee S35 (Felony surcharge) Unitary Assesment Fine ons cinpef |63 Assessment ofabove fine is compensatory Assessment oftine is waived/suspended upon completion of ORS Chapter Assessment are suspended/waived upon completion service/probation service/probation Attomey Fees (Costs) Defendant was found by the Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court~ordered contribution] of Attomey Fees are waived/sumended upon complaion servicelprobation TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court's Collection Office. Pay this balance immediately any unpaid portion upon release from incarceration shall be paid at a mic detennined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that; IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein towmd this money award and, to the extent permitted by law, d' n-fr . then to restitution, Crime Victim Assessment, fines, assessments, fees and then to other costs adjud Judge DATED this 1 . A DDA Def Atty Arresting Agency Crime Date 4.'l 1 i CIRC 0 i' Control Number 1 'Il . NOTICE TO THOSE OWING MONEY T0 THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court, when the court has to establish a payment accoumt, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: BIue=Court Canary=DA; Pink=DeE Go|denrod=Atty 35B Rev3/ 0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintiff; JUDGMENT . vs_ Case# Ig Mm Emo; de t. Count Defendant has been mnvicwa of I is vu, as alleged in count I 5 ofthe amen ed indietrnent/information, by Guilty plea; oontest plea; Court verdict; Stipulated facts verdict Defendant is present with legal counsel Defendant knowingly waived attomey after advice of rights. The Court finds a presumptive probationary ?{prison tem of 13% months, with 1 grid block of CSS: IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES IS A STIPULATED SENTENCE. SENTENCE IS A PRESUMPTIVE SENTENCE. IS A PERSON CRIME CONVICFION. IS A BMI l37.700) CONVICT ION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS l37.635. THIS IS A ORS I37.7l7 PROPERTY CRIMES SENTENCE. SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. d) THE COURT FINDS THAT DEFENDANT HAS BEEN ED OF A CRIME SPECIFIED IN ORS 137.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS IBI .594-l8l .596_ DEFENDANT shall submit to an HIV test pursuant to ORS l35.I39. 96 DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF COUNTY SUPERVISORY AUTHORITY FOR 0 MONTHS. THE LENGTH OF SUPERVISION SHALL BE ,gfa MONTHS. If defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. The Court finds beyond a reasonable doubt that defendant used or threatened the use ofa firearm. The defendant shall serve a mandatory minimum of pursuant to ORS I6I.6I0. Defenaant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I 997). Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS l37.750 or based upon the fact tI1at this is a conviction pursuant to ORS 137.700 (Ballot Measure I I). I . SHALL BE PLACED ON PROBATION T0 )Marion County Corrections )Court )Pursuant to l37.0l2 for a period of months with tl1e following conditions comprising the terms thereof? DEFENDANT SHALL SERVE THE SANCT ION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCT ION UNITS, WITH UNITS IN CUSTODY OF THE MARION COUNTY .IAIL Defendant shall NOT receive credit for presentenoe incarceration. (X) Defendant shall obey all municipal, oounty, state and federal laws. Attaphed conditions of supervision dated are incorporated herein. )'I`he incaroeration shall be served CONSECUTIVELY with: any sentence previously imposed, . vb DEFENDANT IS SENTENCED to ply to the Clerk ofthe Court the amounts designated under the Money Awani section, which is set forth herealier and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss is allowed for oount(s) . Defendant shall not retum to or reside illegally in the United States. Defendant may be relesed sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (sec attached) stipulates that the following items are hereby forfeited pursuant to ORS I3l.550- l3l.600: and defendant waives all right, title and interest to said property. IT IS FURTHER ORDERED AND ADIUDGED that: ITIS FURTHER ORDERED THAT ANY WAHHANT FILED HEREIN SHALL BE wrmotoxwn. JUDGMENT Page I of 2 COPIES: Blue Court Canarv=DA: Pink=DelE Goldenrod=Attv Rev 06/06 CourtNo. 5 MONEY AWARD count Nu. lj JUDGMENT casoirom sure or OREGON . JUDGMENT and jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory fine, is ordered to be paid to the Court and disbursed to: (name and address of victim or agent) 5 (name and address ofvictim or agent) )Per Restitution Addendum/Compatsatofy fine attached hereto and by this reference incorporated herein I )A$l00bend'tpmbationfce S35 (Felony surcharge) I 0 _l Unitary Axessment Fine 500 ORS Chapter |63 Assessment of above time is compensatory Amessment of line is waived/suspended upon completion ofons chapm are suspended/waived upon completion servicelprobation service/probation Attomey Fees (Costs) Defendant was found bythe Court to be indigent, counsel was appointed and defendant shall pay costs pursuant to ORS |61 .665 [less any previously court-ordered contribution] of Attomey Fees are waived/suspended upon complaion service/probation TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in awordance with a schedule of payments established by the Court`s Collection Office. Pay this balance immediately; any unpaid portion upon release from incarceration shall be paid at a rate detennined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Cledt apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disburse them lirst to com es then to restitution, Crime Victim Assessment, Gnes, assessments, fees and then to other costs adjud Judge DATED mis LH ct. DDA 1 Any Arresting Agency W: Crime Date CUIT COURT DGE Control Number 5 I NOTICE TO THOSE OWING MONEY T0 THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without lirrther notice to you or action by court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: Blue=Court Canary=DA; Pink=Def? Goldenrod=Atty 35B Rev3/ I0 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintili JUDGMENT vS~ \/tC'l1rn 1 Ltuu' 1 MILL case Count# 5 Defendant has been convicted of FLC as alleged in Count of the amended indictment/information, by Guilty plea; No contest plea; Coun verdict; Stipulated facts verdict. Defendant is present with legal counsel Defendant knowin ly cd attomey alter advice of rights The Court finds a presumptive() probationary bl prison term of months, with I grid block of CSS: I CHS: IT IS HEREBY ORDERED THAT: THIS IS IS NOT A GUIDELINES SENTENCE. IS A STIPULATED SENTENCE. SENTENCE IS A PRESUMPTI SENTENCE. QQTHIS IS A PERSON CRIME CONVICT ION. IS A BMI I37.700) IS A DETERMINATE SENTENCE PURSUANT T0 ORS l37.635. IS A ORS l37.7l7 PROPERTY CRIMES IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED TN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD, (DQ THE COURT FINDS THAT DEFENDANT HAS BEEN CONVICT ED OF A CRIME SPECIFIED IN ORS |37.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS I8 8 L596. DEFENDANT shall submit to an HIV test pursuant to ORS I35.I39. GP6 DEFENDANT SHALL BE COMMITTED T0 THE CUSTODY OF OREGON STATE DEPARTMENT OF CORRECTIONSIMA ON COUNTY SUPERVISORY AUTHORITY FOR lg MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. lf defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. The Court finds beyond a reasonable doubt that defendant used or threatened the use ofa lirearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l .6l0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). QQ Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS 137.750 or based upon the fact that this is a conviction pursuant to (K) ORS I37.700 (Ballot Measure II). *rv SHALL BE PLACED ON PROBATION TO )Marion County Corrections Court Pursuant to I37,0l2 for a period of months with the following conditions comprising the tenns thereof: DEFENDANT SHALL SERVE THE SANCTION UNITS SET FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECTIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCT ION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for presentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws. Attached conditions of supervision dated are incorporated herein. 1`he incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, . DEFENDANT IS SENTENCED to pay to the Clerk of the Court the amounts designated under the Money Award section, which is set forth hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss ls allowed for count(s) Defendant shall not ruum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall he destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3l .550 I3l.600: and defendant waives all right, title and interest to said property. IT IS FURTHER ORDERED AND ADJUDGED that: IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. JUDGMENT Page I of 2 COPIES: Blue= Court Canarv=DA: Pink=Def: Goldenrod=Attv Rev 06/06 Court No. I3 MONEY AWARD Count No. 16 JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT 6, and 1 ,jointly and severally. ITEMIZED OBLIGATIONS: Restitution/Compensatory Ene, is ordered to be paid to the Court md disbursed to: (name and address of victim or agent) A (name and of victim or agent) Per Reiitution Addendum/Compensatory fine attached herao and by this reference incorporated herein Sl00 bench probation fee $35 (Felony surcharge) Unitary Assessment Fine ORS Chapter |63 Assessment of above fine is compensatory Asmsment of ine is waivedlsuspended upon eomplaion of ORS Chaptu' Assessment are suspended/waived upon completion service/probation service/probation Attorney Fees (Costs) Defendant was found by the Court to be indigent, oounsel was appointed and defendant shall pay costs pursuant to ORS l6l .665 [less any previously court-ordered contribution] of Attomey Fees are waived/suspended upon complaion service/probation TOTAL AMOUNT OF MONEY AWARD Defendant shall pay this Money Award to the Court as follows: Make payments in accordance with a schedule of payments established by the Court`s Collection Office. Pay this balance immediatelyq any unpaid portion upon release from incarceration shall be paid at a rate determined by Department of Corrections and/or Board of Parole and Post Prison Supervision IT IS FURTHER ORDERED that: IT IS FURTHER ORDERED AND ADJUDGED that the Clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and, to the extent permitted by law, disburse them first to com av: . --ta 'tution, Crime Victim Assessment. tines, assessments, fees and then to other costs adjudged 1- Judge I DATED this day of A A 1 Ct. Rptr. DDA 5 if Def Atty 4 Arresting Agency Crime Date i 1. fl 1 -0 uk'r JUDGE Control Number NOTICE TO THOSE OWING MONEY T0 THE COURT: The law allows fees to recover administrative and collection costs to be automatically added and collected, without further notice to you or action by the court, when the court has to establish a payment account, refer a matter for collection, or send DMV a suspension notice. Judgment Page 2 of 2 COPIES: Blue=Court Canary=DA; Pink=De& Goldenrod=Atty 35B Rev]/10 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION THE STATE OF OREGON, plaintifli JUDGMENT vs. I . '57'll'b . emo dant. Count# Defendant has been convicted of I fl It/ in Count lb amended indictment/information, by Guilty plea; No contest plea; Court verdict; Stipulated facts verdict. if Defmdant is presuit with legal counsel. Defendant knowingly waived attomey alier advice of ri The Court Ends a presumptivebfprobationary prison term of months, with a grid block of CSS: Ig CHS: IT IS HEREBY ORDERED THAT: IS IS NOT A GUIDELINES SENTENCE. IS A STIPULATED SENTENCE. SENTENCE IS A PRESUMPTIVE SENTENCE. THIS IS A PERSON CRIME CONVICTION. THIS IS A BMI 137.700) CONVICTION. SENTENCE IS A DETERMINATE SENTENCE PURSUANT TO ORS |37.635. IS A ORS l37.7l7 PROPERTY CRIMES SENTENCE. THIS SENTENCE IS A DURATIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS A DISPOSITIONAL DEPARTURE, AND THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD. THIS SENTENCE IS AN OPTIONAL PROBATIONARY SENTENCE, AND THE COURT MAKES THE SPECIFIC FINDINGS AS REQUIRED AND AS STATED IN THE RECORD. THE COURT FINDS THAT DEFENDANT HAS BEEN CONVICT ED OF A CRIME SPECIFIED IN ORS I37.076 AND THEREFORE ORDERS THAT DEFENDANT SHALL PROVIDE A SAMPLE AT THE DIRECTION OF DEFENDANT SHALL register as a sex offender pursuant to ORS 8| .596. DEFENDANT shall submit to an test pursuant to ORS I35.I39. DEFENDANT SHALL BE COMMITTED TO THE CUSTODY OF OREGON STATE DEPARTMENT OF CORRECHONSIMARION COUNTY SUPERVISORY AUTHORITY FOR MONTHS. THE LENGTH OF SUPERVISION SHALL BE MONTHS. If defendant violates conditions of post-prison supervision, defendant shall be subject to sanctions including possibility of additional imprisonment. 'I'he Court finds beyond a reasonable doubt that defendant used or threatened the use of a firearm. The defendant shall serve a mandatory minimum of pursuant to ORS l6l .6l 0. Defendant MAY be considered for various leave, release or program options pursuant to SB 936, SECTION I4 (I997). Defendant MAY NOT be considered for various leave, release or program options pursuant to SB 936, based upon SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD, pursuant to ORS I37.750 or based upon the fact that this is a conviction pursuant to ORS 137.700 (Ballot Measure I I). DEFENDANT SHALL BE PLACED ON PROBATION TO Marion County )Court Pursuant to I37.0l2 for a period of months with the following conditions comprising the terms thereof DEFENDANT SHALL SERVE SANCTION UNITS FORTH IN THE ATTACHED CONDITIONS OF PROBATION, IN A CORRECFIONAL FACILITY OR AS PART OF A CUSTODY PROGRAM. THE COURT FINDS SUBSTANTIAL AND COMPELLING REASONS AS STATED IN THE RECORD to DEPART on the number of sanction units available for use during the probation term, for a TOTAL OF SANCTION UNITS, WITH UNITS IN THE CUSTODY OF THE MARION COUNTY JAIL. Defendant shall NOT receive credit for prcsentence incarceration. (X) Defendant shall obey all municipal, county, state and federal laws Attached conditions of supervision dated are incorporated herein. The incarceration shall be served CONSECUTIVELY with: any sentence previously imposed, . I DEFENDANT IS SENTENCED to pay to the Clerk ofthe Conn the amounts designated under the Money Award section, which is set forth hereafter and by this reference incorporated herein. DEFENDANT shall advise the clerk of any new address. State's motion to dismiss ls allowed for count(s) . Defendant shall not retum to or reside illegally in the United States. Defendant may be released sooner to the Immigration and Naturalization Service for purposes of deportation. DEFENDANT stipulates that the following is/are a nuisance and shall be destroyed: IT IS FURTHER ORDERED that the Defendant, having knowingly waived indictment (see attached) stipulates that the following items are hereby forfeited pursuant to ORS l3l.550 l3I.600: . waives all right, title and inte to said property. IT IS FURTHER ORDERED AND ADJUDGED that: QS I . IT IS FURTHER ORDERED THAT ANY WARRANT FILED HEREIN SHALL BE WITHDRAWN. JUDGMENT Page of 2 COPIES: Blue Court Canarv=DA: Pink=De'E Go|denrod=Attv Rev 06/06 Court No. 5 3 MONEY AWARD count No. its JUDGMENT CREDITOR: STATE OF OREGON JUDGMENT gg A'l