STATE OF NORTH CAROt::fNA _. 048 fFi,-, 16CRS050 126 51 . CATAWBA County NEWTON Seat of Court

NOTE: [Use AOC·CR·342 for OWl offense(s).j In The General Court Of Justice o District [8] Superior Court Division STATE VERSUS JUDGMENT AND COMMITMENT

Name Of Defendant ACTIVE PUNISHMENT· FELONY MIZE,JESSE,LEE (STRUCTURED SENTENCING) Race I Sex I Date Of Birth (For Convictions On Or After Jan. 1, 2012)

W M 0510211951 G.S. 15A-1301. -1340.13 Attorney For State

10Def. Found DDef. Waived Attorney For Defendant I~ Appointed I Crt Rptr Initials

JAMIE TENNILLE ADAMS Not Indigent Attomey SCOTT A MATTHEWS o Retelned CB The defendant was found guilty/responsible, pursuant to [ ] plea 0 pursuant to Alford) ] of no contest) [ J trial by judge ~ trial by jury, of

File No./s) Off. Offense Descrlotion Offense Date G.S. No. F/M CL. ·Pun. CL. 16CRS050 126 51 RAPE OF A CHILD 12/15/2013 14-27.2A F B1

"NOTE: EniRfunishment class If different from underlying offense class (punishment class represents a status or enhancement). PRIOR The Court: X 1. has determined, pursuant to G.S. 15A-1340.14, the prior record pOints of the defendant to be~. RECORD [8] I D III D V Any prior record level point under G.S. 15A-1340.14(b)(7) is based on the determination of this

issue by the trier of fact beyond a reasonable doubt or the defendant's admission to this Issue. LEVEL: 0 II 0 IV 0 VI D 2. makes no prior record leve finding because none is required for Class A felony, violent habitual felon, or drug trafficking offenses.

The Court (NOTE: Block 1 or 2 MUST be checked.): [gJ 1. ", .. ko" no written find ins,. bOeAuoe tke lor", i"'poood io: [BJ (c) in 11'10 [j0umptivo rengo. 0 (b) for .. Cleo" A felony. 0 (0) for edjudiootion

as a violent habitual felon, G.S. 14-7.12. 0 (d) for drug trafficking. for which the Court finds the defendant provided substantial assistance.

D G.S.90-95(h)(5). 0 (e) in the aggravated range, pursuant to G.S. 20-141.4(b)(1a).

2. finds D the Determination of aggravating and mitigating factors on the attached AOC-CR-60S. 0 egregious aggravation under G.S. 14-27.2A. 0

14-27.4A, 14-27.23. or 14-27.28, on the attached AOC-CR-618, which requires a sentence in excess of that authorized by G.S. 15A-1340.17. 3. [JudgeS the defendant to be a habitual felon to be sentenced 0 (offenses committed before Dec. 1.2011) as a Class C felon.

D (offenses committed on or after Dec. 1. 2011) four classes higher than the principal felony (no higher than Class C).

4. adjudges the defendant to be a habitual breaking and entering status offender, to be sentenced as a Class E felon.

D S. adjudges the defendant to be an armed habitual felon to be sentenced as a Class C felon (unless sentenced herein as a Class A, 81, or 82 felon) D

and with a minimum term of imprisonment of no less than 120 months. D G.S. 508-4.1 (domestic violence). 6. finds enhancement pursuant to: D G.S. 90-95(e)(3) (drugs). D G.S. 14-3(c) (hate crime).

D G.S. 14-S0.22 (gang misdemeanor). D Other: D

This finding is based on the determination of this issue by the trier of fact beyond a reasonable doubt or on the defendant's admission. 7. finds that the defendant committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and actually

possessed the firearm or weapon about his or her person. This finding is based on the jury's determination of this issue beyond a reasonable doubt or on the defendant's admission. Pursuant to G.S. 15A-1340.16A, the Court has increased the minimum sentence by (check only one) D (Class A-c.felony committed prior to Oel. 1, 2013) 60 months. D (Class A·I: felony committed on or after Oct. 1, 2013) 72 months.

[8] o (Class F orG felony committed on oraflerOct. 1,2013) 36 months. 0 (Class Horl felony committed on or after Oct. 1.2013) 12 months.

8. finds the above-designated offense(s) is a reportableconviclion under G.S. 14-208.6 (check only one) ~ a. and therefore makes the additional findings and orders on the attached AOC-CR-615, Side One. Db. but makes no finding or order concerning registration or satellite-based monitoring due to a sentence of life imprisonment without parole.

QS] 9. finds the above-designated offense(s} involved the QS] physical or mental [81 sexual abuse of a minor. (NOTE: If OffenDS) is not also a repo.rtable conviction in NO.8 above, this finding requires no furlher action by the court.)

D 1 O. finds that a motor vehicle D commercial motor vehicle was used in the commission of the offense and that it shall be reported to DMV. D 11. finds this is an offense involving assault, communicating a threat, or an act defined by G.S. 50B-1 (a), and the defendant had a personal relationship

as defined by G.S. SOB-1(b) with the victim. D 12. Oenses committed on or after Dec. 1. 2017. only) finds that the offense was committed as part of criminal gang activity as defined in G.S. 14-S0.16A(2).

and that the defendant was a criminal gang leader or organizer as defined in G.S. 14-50.16A(3). This finding is based on the determination of this issue by the trier of fact beyond a reasonable doubt or on the defendant's admission.

013. finds the above-designated offense(s} involved (check one) D (offenses committed Dec. 1, 2008 - Nov. 30. 2017) criminal street gang activity o (offenses committed on or after Dec. 1. 2017) criminal gang activity. G.S. 14-50.25. 014. did not grant a conditional discharge under G.S. 90-96(a) because (check all that apply) 0 the defendant refused to consent. 0 (offenses

committed on or after Dec. 1, 2013, only) the Court finds, with the agreement of the District Attorney, that the offender is inappropriate for a conditional discharge for factors related to the offense.

D 15. finds that the defendant used or displayed a firearm while committing the felony. G.S. 15A-1382.2. 016. finds that this was an offense involving child abuse or an offense involving assault or any of the acts as defined in G.S. 508-1 (a) committed against

a minor. G.S. 15A-1382.1(a1). The Court, having considered evidence, arguments of counsel and statement of defendant, Orders that the above offenses, if more than one, be consolidated for judgment and the defendant be sentenced (check only one)

o to Life Imprisonment Without Parole for 0 Class A Felony. [8] Class 81 Felony. in the custody of: o Violent Habitual Felon. 0 egregious aggravation under No.2, above. [?5J N.C. DACJJ. D to Life Imprisonment With Parole, pursuant to G.S. Chapter 15A, Article 81 B, Part 2A. o Other: for a minimum term of: I and a maximum term of: 10 ASR term (Order No.4, Side Two)

300 months 420 months months o to Death (see attached Death Wanant and Certificates)

The defendant shall be given credit for 12 days spent In confinement prior to the date of this Judgment as a result of this charge(s).

o The sentence imposed above shall begin at the expiration of all sentences which the defendant is presently obligated to serve. D The sentence imposed above shall begin at the expiration of the sentence imposed in the case referenced below: I Date I File No. I Offense I County. . I Courl

Material opposite unmarked squa{~S is to be disregarded as surplusage. AOC-CR-601, Rev. 12117, © 2017 Administrative Office of the Courts Vel)

049 r---------~~--~--~--~--------------~~!------------------------------

Tolal Amount Due $

·See attached "RE;istitution Worksheet, Notice and. Order (Initial Sentencing): AOC-CR-611, which iSin90rporated by {eference.

§ 2. The 90urt finds that restitution was recommended as part of the defendant's plea arrangement. , . 3. The CQurt finds Just cause to waive costs, as ordered on the attached 0 AOC-CR-61 6, 0 Other; -::-::::-:--______ :-;..,.,. __ :-;---:----.,. __ --,,...,-_ 4. Withoot objection by the State, the defendant sh~U be admitted to the Advanced Supervised Release (ASR) program. If the defendant completes

the risk reduction incentives as identified by the Division of Adult Correction and Juvenile Justice, then he or she will be released at the end of the ASR'term specified on Side One. G.S. 15A-1340.18.

(8] 5. Other; $352.50 COURT COST + $120 CCJ + $35CCSD + $9,139;98 C.A. ATTY FEES SHALL BE ENTERED AS A CIVIL JUDGMENT; SOAR PROGRAM ORDERED; SHALL HAVE NO CONTACT, DIRECT/INDIRECT, WITH VICTIMS

The Court r~ommends:

8 1. Substance abuse treatment. [8] 2. Psychiatric and/or psychological counseling. 03. Work release 0 should O.shOUld not be granted. 4. Payment as a condition of post-release supervision or from release earnings, if applicable, oHhe "Total Amount Due" set outabove. Dbut the Court does not recomm!lnd be . . as a... . post~releasesupervision. 0 from workr!llease earnings.

The Court further recommends:

I certify that this Judgment andCommitmenl"with 'the attachment(s) marked .below is a. true and. .' .... copy ..•.•..•.. ' ....,. .'. . .. •••••. ,... . in this case. I8l Appellate Entries (AOC-CR-350) '0 RestitutionWo!~~h!'let,Notice.And Order(lnitiaISentencing) o Felony Judgment Findings Of Aggravating And Mitigating Factors (AOC-CR-611)

(AOC-CR-605) [&l JUdicial FlndingsAnd Order For Sex Offenders - Active Punishment o Judicial Findings As To Forfeiture Of Licensing Privileges (AOC-CR-615, Side'Orie) (AOC-CR-317) Additional Findings (AOC-CR-616) o Victim Notification Tracking Form Convicted Sex Offender Permanent-No Contact Order (AOC-CR-620) o Additional File No.(s) AndOffense(s) (AOC-CR-626) Other:,

Material opposije unmarl

· STATE OF NORTH CAROl.INA 050 16CRS050 126 52 CAT A WBA county NEWTON

NOTE: {Use AOC-CR-342 for OWl offense(s}.J Seat of Court

In The General Court Of Justice o District [g] Superior Court Division

STATE VERSUS JUDGMENT AND COMMITMENT Name Of Defendant

MIZE,JESSE,LEE ACTIVE PUNISHMENT - FELONY (STRUCTURED SENTENCING)

Race Sex I Dste Of BIrth W M 05/0211951

(For Convictions On Or After Jan. 1 t 2012) G.S.1SA-1301, -1340.13

Attorney For State 110 Def. Found o Def. Waived Attorney For Defendant JAMIE TENNILLE ADAMS II Not Indigent Attorney SCOTT A MATTHEWS

I [g] Appointed I Crt Rptr Initials 10 Retained CB

The defendant was found guilty/responsible, pursuant to [J plea 0 pursuant to Alford) 0 of no contest) o trial by judge ~ trial by jury, of File No./s) Off. Offense Description Offense Date G.S. No. F/M CL. ·Pun. CL.

16CRS050126 52 SEX OFFENSE WI CHILD BY ADULT 12/15/2013 14-27.4A F BI

16CRS050126 53 INDECENT LIBERTIES WITH CHILD 12/1512013 14-202.1 F F 16CRS050 127 52 INDECENT LIBERTIES WITH CHILD 12/18/2015 14-202.1 F F

-NOTE: En~nishment class if different from underlying offense class (punishment class represents a status or enhancement). The Court: ~ 1. has determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be~.

Any prior record level point under G.S. 15A-1340.14(b)(7) is based on the determination of this issue by the trier of fact beyond a reasonable doubt or the defendant's admission to this issue.

D 2. makes no prior record level finding because none is required for Class A felony, violent habItual felon, or drug trafficking offenses.

PRIOR RECORD [g] I 0 III 0 V LEVEL: 0 II 0 IV 0 VI

The Court (NOTE: Block 1 or 2 MUST be checked.): IRI 1 makes no written findlnos because the termJr:(lPosed Is: IRI (a) In the PIflsumptive ranoe. 0 (b) for a Class A felony. 0 (e) for adJudlc:ltion

as a violent habltual.!£j0n, a.s. 14-7.12. U (d) for drug trafficking. U for which the Court finds the defendant provided substantial assistance, G.S.90-9S(h)(S). U (e) in the aggravated range, pursuant to G.S. 20-141.4(b)(1a). o 2. finds 0 the Determination of aggravating and mitigating factors on the attached AOC-CR-60S. 0 egregious aggravation under G.S. 14-27.2A, 14-27.4A, 14-27.23, or 14-27.2B, on the attached AOC-CR-61B, which requires a sentence in excess of that authorized by G.S. 1SA-1340.17.

D 3. ,i!Qjudges the defendant to be a habitual felon to be sentenced D (offenses committed before Dec. 1.2011) as a Class C felon. U (offenses committed on or after Dec. 1, 2011) four classes higher than the principal felony (no higher than Class C). o 4. adjudges the defendant to be a habitual breaking and entering status offender, to be sentenced as a Class E felon.

o 5. adjudges the defendant to be an armed habitual felon to be sentenced as a Class C felon (unless sentenced herein as a Class A, 91, or 92 felon) and with a minimum term of imprisonment of no less than 120 months. o 6. finds enhancement pursuant to: 0 G.S. 90-95(e)(3) (drugs). 0 G.S. 14-3(c) (hate crime). 0 G.S. S08-4.1 (domestic violence). o G.S. 14-50.22 (gang misdemeanor). 0 Other: -:---::---:--:---;-;--:--:----;---:-:-:--:-:--:-;--;---.--;----;;---;--;--.-"7.""'"--:--:--:------This finding is based on the determination of this issue by the trier of fact beyond a reasonable doubt or on the defendant's admission. o 7. finds that the defendant committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and actually possessed the firearm or weapon about his or her person. This finding is based on the jury's determination of this issue beyond a reasonable doubt or on the defendant's admission. Pursuant to G.S. 15A-1340.16A, the Court has Increased the minimum sentence by (check only one) o (Class A-E felony committed prior to Oct. 1, 2013) 60 months. 0 (Class A-IE felony committed on or after Oct. 1, 2013) 72 months. o (Class F or G felony committed on or after Oct. 1, 2013) 36 months. 0 (Class H or I fe/any committed on or after Oct. 1, 2013) 12 months.

[8] B. finds the above-designated offense(s) is a reportable conviction under G.S. 14-20B.6 (check only one) [g] a. and therefore makes the additional findings and orders on the attached AOC-CR-6.1S, Side One. o b. but makes no finding or order concerning registration or satellite-based monitoring due to a sentence of life imprisonment without parole.

[gJ 9. finds the above-designated offense(s) involved the [gJ physical or mental 181 sexual abuse of a minor. (NOTE: If offen~s) Is not also a repq,rtable conviction In NO.8 above, this finding requires no further action by the court.)

010. finds that a U motor vehicle 0 commercial motor vehicle was used in the commission of the offense and that it shall be reported to DMV. 011. finds this is an offense involving assault, communicating a threat, or an act defined by G.S. 508-1 (a), and the defendant had a personal relationship

as defined by G.S. 50B-1(b) with the victim. 012. {g!!enses committed on or aft.er Dec. 1, 2017. only) finds that the offense was committed as part of criminal gang activity as defined in G.S. 14-50.16A(2).

U and that the defendant was a criminal gang leader or organizer as defined in G.S. 14-50.16A(3). This finding is based On the determination of this issue by the trier of fact beyond a reasonable doubt or on the defendant's admission.

013. finds the above-designated offense(s) involved (check one) 0 (offenses committed Dec. 1, 2008 - Nov. 30. 2017) criminal street gang activity D (offenses committed on or after Dec. 1, 2017) criminal gang activity. G.S. 14-50.2S.

014. did not grant a conditional discharge under G,S. 90-96(a) because (check al/ that apply) 0 the defendant refused to consent. 0 (offenses committed on or after Dec. 1, 2013, only) the Court finds, with the agreement of the District Attorney, that the offender is inappropriate for a conditional discharge for factors related to the offense. o 1S. finds that the defendant used or displayed a firearm while committing the felony. G.S. 1SA-1382.2.

016. finds that this was an offense involving child abuse or an offense involving assault or any of the acts as defined in G.S. 508-1 (a) committed against a minor. G.S. 15A-1382.1(a1).

The Court, having considered evidence, arguments of counsel and statement of defendant, Orders that the above offenses, If more than one, be consolidated for judgment and the defendant be sentenced (check only one)

o to Life Imprisonment Without Parole for 0 Class A Felony. [g] Class 81 Felony. in the custody of: o Violent Habitual Felon. 0 egregious aggravation under No.2, above. I&l N.C. DACJJ. o to Life Imprisonment With Parole, pursuant to G.S. Chapter 15A, Article 81 B, Part 2A. 0 Other: for a minimum term of: land a maximum term of: . IIOASR term (Order No. 4, Side Two) 0

th to Death (see attached Death Warrant and Certificates)

300 months 420 months mon s The defendant shall be given credit for 0 days spent In confinement prior to the date of this Judgment as a result of this charge(s).

o The sentence imposed above shall begin at the expiration of all sentences which the defendant Is presently obligated to serve. [8l The sentence imposed above shall begin at the expiration of the sentence Imposed in the case referenced below:

!File No.· I Offense jcounty I Court

2016CRS 50126 I 51 CATAWBA SUPERIOR Material opposile unmat1

~--------~O~S~'~l~------__ ~~ ____________________ ~

TO/Ell Amount Duo

$

'See attached "Restitution Worksheet. . ....... '. (Initial Sentencing);" AOC-CR-6H. which is inco-rporated byreference.

~ 2. The Court finds that restitution was recommended as part of the defendant's plea arrangement.

X 3. The Court finds,just cause to waive cOsts. as ordered on the attached o AOC-CR·616. 0 Other: -=c:----~,.."..._,_-:-~-:--...,...,--4, Without objection by the. State. the defendanhhaU be admitted to the Advanced Supervised Release (ASR) program. If the defendant completes

the risk reduction incentives as Identified by the Division of Adult Correction and Juvenile Justice. then he or she will be released at the end of the ASR terriispecified on Side One. G.S. 15A-1340.18.

[8] 5. Other: SOAR PROGRAM ORDERED; SHALL HAVE NO CONTACT,DIRECT/INDIRECT, WITH VICTIMS ••••••••••

The Court recommends:

8 1. Substance abuse treatment. [8] 2. Psychi.atric.and/.or .PSYChOI09ical counseling. 03. Work releaseD should 0 should not be granted. 4. Payment as a condition of post-release supervision or from work release ofthe "Total Amount Due" set out above. D butlhe Court does not reCommelJdrestitutipn):le . D.·.· . . '. nn!~I_rl~IF!:;!!'.F! !'.urlF!nll!'.,!)n Dfrom work release earnings.

The Court further recommends:

the attachment(s)mark~d:below is a true ... , •... ····copy '.' .•. '.,, ' this case. [8J Appellate Entries (AOe-CR-3S0) o Restitution,Work!>heet, NoticeAOd Order (Initial Sentencing) D Felony Judgment Findings Of Aggravating And Mitigating Factors (AOC-CR-611)

(AOC-CR-605) [2gJudicialFindingsAndOrder For Sex Offenders - Active Punishment D Judicial Findings As To Forfeiture Of Licensing Privileges (AOC-CR-615, Side One)

(AOC-CR-317) 0 Additional Findings (AOC-CR-618) o Victim Notification Tracking Form D Convicted'Sex'Offender Permanent No Contact Order (AOC-CR-620) D Additional File No.(s)AndOffense(s) (AOC-CR-626) D Other:

Delivered To Sheriff

15/2018

Matarial opposite unmarked squares Is to be disregarded as surplusage.

AOC-CR-601. Side Two. Rev. 12117, © 2017 Administrative Office of the Courts

" STATE OF NORTH CAR INA

CATAWBA County STATE VERSUS

Name Of Defendant

MIZE,JESSE,LEE

052 16CRS050 126 52 In The General Court Of Justice

o District [8] Superior Court Division ADDITIONAL FILE NO.(S) AND OFFENSE(S)

NOTE: Use this page in conjunction with all NCAOC judgment or probationary forms, to list additional offenses of conviction, deferred prosecution, or conditional discharge addressed in the court's order. There are no A, B, C, D, or other variations of this form, so this page can be used to continue an offense list from any of the related forms, for any daters) of offense or conviction.

File No.(s) ·Pun. CL. Offense Date G.S.No. F/M CL. Off. Offense Description

16CRS050127 53 INDECENT LIBERTIES WITH CHILD 1110112015 14-202.1 F F

'NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). (Over)

AOC-CR-626, Rev. 12/16 © 2016 Administrative Office of the Courts

"NOTE: Enter punishment class if dlfferenl from underlying offense class (punishment·,class represents aslatusor enhancement).

AOC-CR-626, Side Two, Rev. 12116 © 2016 Administrative Office of the Courts

5T A TE OF NORTH CARObNA 058 FileNo.

16CRS 50126

____ C_A_TA_WB_;;...A ____ courftyF 11 ~ ~!,".'

16CRS 50127

Defendant LEEMIZE

APPELLATE ENTRIES Date(s) Of Trial 05/07/2018-05/15/2018 Codefendant(s) If Jointly

Name And Address

JAMIE T. ADAMS

) 00 GOVERNMENT DR

f8J The Appellate Defender (919) 354-7210 12-!-~~~..J..!..~~~:.---------------_l 123 W. Main Street, Suite 500, Durham, NC 27701

NOTE: All indigent appeals are assigned to the Appellate Defender. f-------i---------..;::;.---------lD Retained Appellate Counsel Name And Address Of Trial TransCriptionist

Telephone No.

Name And Address On Of Other On The r01l0Wlll0 Dete{s)

1.

2.

3. [8J 4.

Telephone No. Date(s)

email Address

~ a. The defendant has given Notice of Appeal to the N.C. Court of Appeals, or o b. This is a capital case appealable as of right to the N.C. Supreme Court.

Telephone No.

Release of the defendant pursuant to G.S. 15A-536 is 0 denied. I8l allowed upon execution of a secured bond in the amount 100 00.0 ith th fOI wing additio~ I conditi

Unless indigent, the defen ant shall arrange or the transcription of t proceedings as provided in the (NOTE: Check in all cases where defendant is indigent.) The defendant is indigent and has requested a transcript and the appointment of counsel. It is ORDERED that the defendant is allowed to appeal as an indigent and: a. The Office of Indigent Defense Services shall pay the costs of producing a transcript, and of reproducing the record and the

defendant's brief. b. The Appellate Defender is appointed to perfect the defendant's appeal or assign other appellate counsel pursuant to rules issued by

the Office of Indigent Defense Services. c. Upon request. the Clerk shall furnish to the Appellate Defender, or to alternate counsel designated by the Appellate Defender, a

copy of the complete trial division file in the case and, upon request, any documentary exhibits.

d. Unless the parties stipulate that parts of the proceedings shall not be transcribed, the Clerk shall order from the transcriptionist(s) a transcript of all parts of the proceedings except:

Original-File Copy-Transcrlplionlst(s) Copy-Defendant's Trial counseliP~py~~oij~I(~i~;~~liloiDefendanllf unrepresented) Copy-District Attomey Material OPPOSite unmarked squares Is to e disregarded as surplusage.

AOC-CR-350, Rev. 3/16 (Over) tr"t ?n1 &:; Arfrninic:tr:)thu", nffi,..~ nf thp ~nltrt~

Date

If a transcript hasoeen ordered, the defend~ntin a '. •• tried case shall serve a on appeal on the State within 35 days ·after the. reporter's or transcriptionist's certification of delivery ?.f tt:t~ transcript. If a transcript has been ordered, the defendant in a capitally tried case shall serve a proposed record on appeal on 'the State within 70 days after the reporter's or transcriptionist's certification of delivery of the transcript. If no transcript has been ordered, the defendant shall serve a proposed record on appeal on the State within 35 days after filing notice of appeal,

6. The State shall serve its amenc;ir:nents, objections or proposed alternative record on appeal on 'the defendant within 30 days if this is a noh-capital case cir 35days