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Notes on Usage and Local Options
TO:__Prosecuting Attorneys and Defense Attorneys
TO: Superior Court Judges, County Clerks,
Superior Court Administrators,
Prosecuting Attorneys, Defense
Attorneys, and Law Libraries
FROM: Merrie Gough, Legal Analyst
DATE: July 5, 2005
SUBJECT: FELONY JUDGMENT AND SENTENCE FORM:
NOTES ON USAGE AND LOCAL OPTIONS
The following comments are made to guide local jurisdictions
in the use of the Felony Judgment and Sentence Form. These are approved by the
Washington Pattern Forms Committee and the Administrative Office of the Courts.
CrR 7.2(d) requires use of a uniform judgment and sentence
form in superior courts. While standardization is important since information
on the form is used by many individuals and agencies, the form is intended to
have some flexibility in use to reflect local practice. Additionally, the sentencing
sections, such as “Confinement Over One Year” or “Special Drug Offender
Sentencing Alternative” are alternative. Use only the sections applicable to
the specific judgment and sentence. Sections that do not apply may be removed
or deleted from a judgment and sentence form.
COMMENT
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REPRESENTATIVE
SECTION
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SID: Include the SID number in
the caption and the “Identification of Defendant” section of the Judgment and
Sentence form. If the offender does not have an SID number, use the
offender’s date of birth. The SID number is used by several state agencies
to link an offender to judgment and sentence data. The Caseload Forecast
Council (CFC) used to obtain data for its purposes from the Department of
Corrections (DOC), but after recent statutory changes, DOC no longer maintains
records of all felony sentences. The CFC now relies upon the Sentencing
Guidelines Commission (SGC) for complete felony sentencing data. The SGC
data cannot be accessed without an SID number.
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Title
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NAMES. Whenever a party or attorney is identified
in the form, actual names may be substituted or added. For example, in
paragraph 1.1 the form refers to the “defendant, defendant’s attorney,” etc.,
being present at the sentencing hearing. Local jurisdictions may want to
modify the form to read: “the defendant, _________, the defendant’s attorney,
________,” etc., so there is space to write in these names. The form was
designed to omit names in order to minimize the number of blanks to be completed
since those names appear at the signature page. It is important that the
lawyers’ names are clearly set forth in the Judgment and Sentence form. A
place to print the names is provided below the signature line on page 6.
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1.1
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EXTENSIONS. If more space is needed in the CURRENT
OFFENSE, CRIMINAL HISTORY, or SENTENCING DATA charts, local jurisdictions may
either use the appendices 2.1, 2.2, 2.3, or, if the form is on a word
processor, simply extend the charts in the main body of the form. The use of
the enclosed box format in the form to present this information is optional,
though the necessary information should be presented in a similar style.
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2.1
2.2
2.3
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CRIME CODE AND INCIDENT NUMBER. Some jurisdictions
use crime codes and incident numbers while other jurisdictions do not. These
designations may be added under “CRIME” in the CURRENT OFFENSE chart.
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2.1
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CRIME--MISDEMEANOR AND GROSS MISDEMEANOR. If a
non-felony crime is included among the list of felonies in the Judgment and
Sentence, an obvious notation should be made to draw attention to that fact.
This situation would arise where a defendant is convicted of three felony
counts and one gross misdemeanor count and all charges are dealt with on the
same Judgment and Sentence form.
If the form is used in a given case for all non-felony
counts, an obvious notation should be made near the title of the form. The
State Patrol places the data entry of a non-felony judgment on a lower
priority than a felony conviction.
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2.1
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ADDITIONAL CURRENT OFFENSES SET FORTH IN
ATTACHMENT. Jurisdictions may add a check box indicating that
additional current offenses are attached in an appendix, if it reflects local
practice. However, when the form is being completed on a word processor, if there
are more than three current offenses, the additional offenses may simply be
added directly to the body of the form by adding more space. As a local option,
jurisdictions may add this language directly below the box for Count, Crime,
etc.:
[ ] Additional current offenses are
attached in Appendix 2.1.
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2.1
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ADDITIONAL SPECIAL FINDINGS. The special finding
for a persistent offender is set forth on a separate sentencing page.
A special finding for crimes committed in jail or prison
may be added to the form (on the bottom of page 1), as follows:
[ ] The offense in Count(s)
___________ was committed in a county jail or state correctional facility.
RCW 9.94A.510(5).
A special finding for aggravated first degree murder may
be added to the form (on bottom of paragraph 2.1), as follows:
[ ] A special verdict/finding
determining aggravating circumstances was returned on Count(s)
_______________, as follows:________________
_________________________________________________________.
RCW 10.95.020.
The aggravating circumstances are set forth at RCW
10.95.020 and may be cited directly. For example, a completed special
finding might look like this:
[X] A special verdict/finding
determining aggravating circumstances was returned on Counts I, II, and III,
as follows: Count III was committed to protect or conceal the identity of a
person committing the crime, RCW 10.95.020(9); as to Counts I and II, there
was more than one victim and each murder was part of a common scheme or plan,
RCW 10.95.020(10).
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2.1
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TYPE OF CRIME. Found at the right-hand column of
the chart in section 2.2, Criminal History, there are abbreviations from the
Sentencing Guidelines Commission to indicate the nature of the crime. For
example, V means “violent,” SV means “serious violent,” and Sex means “sex
offense.” These codes can be combined. For example, VSex means a violent
sex offense.
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2.2
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SENTENCING DATA - SENTENCING ENHANCEMENTS. Any
sentencing enhancements should be included in the computation of the standard
range. For example, if the standard range for the crime is 12 to 14 months,
and there is a 12-month enhancement, the standard range written in the chart
should be 24 to 26 months.
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2.3
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PAYMENTS. Local jurisdictions may preprint on the
appropriate line, the dollar amount of standard assessments, such as the
victim assessment ($500) and criminal filing fee ($110).
The subcategories under court costs may be deleted by
local option so that only the sum total of the court costs would be stated.
This allows for faster completion of the form by deputies in the courtroom.
Alternatively, the subcategories for court costs can be moved into the main
column and the court costs line deleted. The greater detail concerning court
costs is helpful to the county clerks in entering accounting data. The
reference to “JASS Codes” is to an accounting system used by the courts. The
JASS Codes have no impact whatsoever on sentencing.
By local option, the following court cost subcategory and
JASS Code may be added to paragraph 4.1.
MTH $ Meth/Amphetamine Cleanup
Fine, $3000. RCW 69.50.440, 69.50.401(a)(1)(ii).
BKF $____________ Jail booking fee, RCW
70.48.390.
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4.1
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RESTRAINING ORDERS. If a regular no-contact order
is included in the Judgment and Sentence form, no clerk’s action is
required.
Clerk’s action is required if the no-contact order is also
a domestic violence or harassment no-contact order, as indicated by the check
boxes. A separate order is provided for a Domestic Violence No-Contact Order
and a Harassment No-Contact Order.
The clerk should input the Domestic Violence No-Contact
Order or Harassment No-Contact Order into the JIS system and photocopy the
order and forward it to the specified law enforcement agency for entry into
the computer system to list outstanding warrants. The clerk should also
forward the law enforcement information sheet which the prosecutor or victim
must complete. (See RCW 26.50.160.)
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4.3
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UNUSUAL FACT SITUATIONS. The Judgment and Sentence
form was designed to address most situations. Occasionally the circumstances
of a particular case may require some modification in the form. For example,
in section 4.3, setting forth the no-contact provisions, there may need to be
some modification if there is more than one victim and only one of the
victims would qualify for the domestic violence designation. Modifications
to address individual fact situations may be made but should be kept within
the overall framework of the form.
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4.3
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DEPORTATION. By local option the form may provide
for advance approval by the judge and prosecutor of deportation in lieu of
confinement. Under the statute, RCW 9.94A.685, the sentencing court may
require illegal aliens, in specified circumstances, to serve some or no
period of time in state correctional facilities and then order deportation
without additional confinement to the defendant’s country of nationality.
The following language is suggested for inclusion at either: (a) paragraph
4.5, Other, or (b) as an optional appendix:
DEPORTATION.
If the defendant is found to be a criminal alien eligible for release to and
deportation by the United States Immigration and Naturalization Service
subject to arrest and reincarceration in accordance with law, then the
undersigned Judge and Prosecutor consent to such release and deportation prior
to the expiration of the sentence. RCW 9.94A.685.
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4.4
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COMMENT
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REPRESENTATIVE
SECTION
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CONFINEMENT. The form is designed to prompt the
court to make findings where required by law. For example, if restitution is
appropriate, but is not ordered, section 2.5 calls for a statement of
extraordinary reasons why it is not ordered. However, not all situations
calling for findings have been highlighted. Note that imposition of a
consecutive, rather than concurrent, sentence may require findings and conclusions
for an exceptional sentence. See State v. Smith, 74 Wn.
App. 844 (1994).
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4.5(A)
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CONFINEMENT. Courts may use the following language
when imposing confinement to be served consecutively or concurrently with
other sentences already imposed.
The term(s) of confinement (sentence) imposed herein shall
be served consecutively to any other term of confinement (sentence) which the
defendant may be sentenced to under any other cause in either district court
or superior court unless otherwise specified herein: ________________________________.
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4.5(A)
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4.5 SPECIAL DRUG OFFENDER SENTENCING ALTERNATIVE.
Effective for sentences imposed on or after October 1, 2005, the court may sentence a defendant to serve a prison-based alternative or to serve a residential
chemical dependency treatment-based alternative. As part of the residential
chemical dependency treatment-based alternative, the court is required to
schedule a treatment termination hearing three months before the expiration
of the term of community custody. RCW 9.94A.660(6)(a). Paragraph 4.5(B)(3)
of the Special Drug Offender Sentencing Alternative contains the following
sentence referring to the treatment termination hearing:
A
treatment termination hearing is scheduled for three months before the
expiration of the term of community custody, on _____________ (date), or to
be set later.
Entering a specific date for the treatment termination
hearing is optional and at the discretion of the local court. If no date is
set in the judgment and sentence, the court will have to set a date three
months before the expiration of the term of community custody by separate
order.
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4.5
(B)(3)
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OTHER PREPRINTED INFORMATION. Information
pertinent to local jurisdictions should be added to appropriate sections, as
follows:
NAMES AND ADDRESSES. The name of
the county can be printed on the header of the form and each appendix. Under
the sentencing option for Community Supervision in section 4.6, local
jurisdictions may preprint the address of the appropriate Department of
Corrections office where the defendant must report to a community corrections
officer. Note also, on the Identification of Defendant page, local
jurisdictions can preprint the name of the county clerk in the paragraphs for
certification of copies and attestation of fingerprints.
PROSECUTOR’S NAME. Local
jurisdictions may print the name and address of the prosecuting attorney on
the form. Typically, this information would appear on the bottom right
corner of each page of pleading paper. Some jurisdictions prefer to print
the prosecutor’s name on the left-hand margin, with the type aligned
vertically, in order to save space in the main body of the page.
LINE NUMBERING. By local option,
local jurisdictions may print line numbering on the left-hand margin.
CLERK’S ACTION. Beneath the
title of the form “Judgment and Sentence” there are four check boxes for
different types of sentencing alternatives. Check boxes may be added to help
notify the clerk’s office they need to take some action, for example:
[X] Clerk’s action required, firearms rights
revoked para. 5.6
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4.6, etc.
N/A
N/A
Title
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COMMUNITY PLACEMENT OR COMMUNITY CUSTODY.
Paragraph 4.6, regarding community placement or community custody in a
sentence with confinement over one year (prison), was revised to include
check box options to indicate whether the defendant is ordered to serve
community placement, community custody under RCW 9.94A.712 or a range of
community custody. Select the relevant check box and write in the count(s)
for which community placement or community custody is ordered. The brackets
in the first paragraph after the check box options contain statutory
references and a brief description of community placement and community
custody range offenses. The remainder of paragraph 4.6 refers to both
community placement and community custody conditions, except when community
custody is specifically mentioned.
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4.6
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COMMENT
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REPRESENTATIVE
SECTION
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COMMUNITY PLACEMENT OR COMMUNITY CUSTODY. (Continued)
In light of recent Division One
unpublished opinions interpreting State v. Broadaway, 133 Wn.2d 118,
942 P.2d 363 (1997) and State v. Nelson, 100 Wn. App. 226, 996 P.2d
651 (2000) to require the court to be aware of the maximum earned release
period, local jurisdictions within Division One of the Court of Appeals may
want to consider revising the phrase below the check box options for
community placement and community custody, as follows:
“…or for the period of earned release awarded determined
by DOC pursuant to RCW 9.94A.728(1) and (2) which may be up to
___________ months, whichever is longer, and standard mandatory
conditions are ordered...”
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4.6
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COMMUNITY [ ] SUPERVISION [ ] CUSTODY. For the
first-time offender waiver sentencing alternative and for a sentence of one
year or less, the court must impose a term of community supervision for an
offense that was committed before July 1, 2000. Beginning July 1, 2000, the court must impose a term of community custody. The Judgment and Sentence contains
check box options for community supervision and community custody, so the
court can select the option that applies to the case.
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4.6
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COMMUNITY CUSTODY UPON REVOCATION OF SSOSA SENTENCES.
The practice in some counties is to impose conditions of community custody at
the time of sentencing on a Special Sex Offender Sentencing Alternative (note
that previous to June 8, 1996, SSOSA sentences had community placement). The
practice in other counties is to impose conditions of community custody at
the time of revocation of the suspended sentence. Each county may choose the
option it desires. The standard form reflects the latter practice. Those
counties imposing conditions of community custody at the time of original
sentencing may modify the SSOSA page of the form accordingly, such as by
including a statement on the SSOSA sentencing page (as the last line of
4.5(a), just before (b) begins) that conditions of community custody are set
forth in an appendix. See, e.g., State v. Daniels, 73 Wn. App. 734,
871 P.2d 634 (Div. III, 1994).
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4.6
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ADDITIONAL TERM OF COMMUNITY CUSTODY UPON FAILURE TO
COMPLETE OR TERMINATION FORM ALTERNATIVE PROGRAM. Local jurisdictions
within Division One of the Courts of Appeals may want to modify paragraph
4.8, Special Drug Offender Sentencing Alternative. In the first sentence,
change the text after the colon as follows:
"Defendant shall serve Community Custody
for a range from ____________ to ____________ months, or for the
period of earned release determined by DOC pursuant to RCW 9.94A.728(1) and
(2) which may be up to _____________months, whichever is longer in
community custody."
See the section regarding, paragraph 4.6, COMMUNITY
PLACEMENT OR COMMUNITY CUSTODY, above, for more information regarding
this change.
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4.8
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LENGTH OF SUPERVISION. In paragraph 5.2, the
Judgment and Sentence provides notice that for an offense committed prior to July 1, 2000, the court’s supervision extends up to 10 years unless the court extends the
criminal judgment an additional 10 years. For an offense committed on or
after July 1, 2000, the court retains jurisdiction for purposes of the
offender’s compliance with payment of legal financial obligations until the
obligation is completely satisfied. Pursuant to RCW 9.94A.753(6), if the
crime involves Rape of a Child in the first, second or third degree, and a
pregnancy results, the court can impose child support and costs of birth as
restitution. The court’s jurisdiction extends for up to 25 years. The
following language should be inserted at paragraph 5.2 in appropriate cases:
5.2 LENGTH
OF SUPERVISION. This crime involves Rape of a Child in which the victim
became pregnant. The defendant shall remain under the court’s jurisdiction
until the defendant has satisfied support obligations under the superior
court or administrative order, up to a maximum of 25 years following
defendant’s release from total confinement or 25 years subsequent to the
entry of the Judgment and Sentence, whichever period is longer.
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5.2
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COMMENT
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REPRESENTATIVE
SECTION
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OFFENDER REGISTRATION SUMMARY: The Pattern Forms
Committee considered adopting a summary of the sex offense and kidnapping
offense registration requirements in paragraph 5.7 for use as a local
option. The Pattern Forms Committee decided not to approve the summary as a
local option because of the requirement in RCW 10.01.200 for the court to
provide written notification of the registration requirements in the Judgment
and Sentence form and because of the possible ground for appeal based upon
inadequate notice.
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5.7
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN
EXCEPTIONAL SENTENCE, APPENDIX 2.4 JUDGMENT AND SENTENCE: No mandatory
form is developed. There are two optional forms.
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App. 2.4
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CHANGES IN THE LAW. The form was designed to
reflect the law applicable to most situations. Occasional revisions may need
to be made in individual cases because a different law applies. For example,
in some cases different consequences flow from crimes committed before or
after certain dates. The law for the Special Sexual Offender Sentencing
Alternative depends on the date of commission of a crime. Local
jurisdictions may make such necessary modifications within the structure of
the uniform form.
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N/A
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DELETIONS. Portions of the Judgment and Sentence
that do not apply to a particular case may be deleted as long as the
paragraph numbering and order is maintained. If the entire text of a
numbered section is eliminated, the numbering of subsequent paragraphs should
be maintained nevertheless. The deletion of a paragraph or section may be
noted with the abbreviation for “not applicable”(N/A). Practitioners are
encouraged to keep the Judgment and Sentence used in each case as short as
possible.
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N/A
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ADDITIONAL APPENDICES. Local jurisdictions will
need to include additional appendices with the Judgment and Sentence form.
For example, the following procedures are not provided for in the Judgment
and Sentence form:
1. Warrant of
commitment;
2. Exoneration of
bail (and applying bail to legal financial obligations);
3. Additional
conditions of community placement;
4. Restitution schedule (referred to as
appendix 4.1 in the Judgment and
Sentence,
page 4, second box from bottom); and
5. Motion and
Order revoking SSOSA suspended sentence for violation of conditions of
sentence (and imposing conditions of community custody).
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N/A
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JUDGMENT OF ACQUITTAL. Included for convenience is
a suggested form for a judgment of acquittal. This form, which is optional,
would be used when the defendant is found not guilty on all charges. If the
defendant is found not guilty on some charges and guilty on others, the
not-guilty verdict can be entered in the main Judgment and Sentence form at
section 3.3.
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N/A
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Note: Additional documents may be required by local county superior court rules.
Important: To obtain legal advice you should hire a lawyer (for “full service” representation or for “limited” representation) or, if you cannot afford one, contact a low cost or free legal service program. For a referral to a lawyer or a legal service program, call CLEAR (888) 201-1014. Your county may also have a courthouse facilitator who cannot provide legal advice, but who can offer limited assistance in completing necessary paperwork. This list of forms is not legal advice and is provided only for reference purposes.
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