class a misdemeanor north dakota

This charge also applies to any theft valued no more than $500 that was committed through fraud or embezzlement. Probation can also include jail time. Cent. N.D. According to NDCC t12.1c32, the maximum jail term for a Class A misdemeanor is 360 days. Cent. Start here to find criminal defense lawyers near you. Bismarck Republican . The federal rule, as amended in 2002, permits a trial by a jury of eleven without a stipulation if the court finds it necessary to excuse a juror after the jury has retired to consider its verdict. The offender shall deliver the number plates to the court without delay at a time certain as ordered by the court following the conviction. Juv. (Subsequent Offense) Misdemeanor: Imprisonment for no more than 180 days; fine of no less than $500. Pardon policy & practiceA. Legality of cannabis by U.S. jurisdiction - Wikipedia jyoung@state.nd.us, Ken Sorenson You could be facing some serious consequences as a result, including loss of a job or receiving a criminal record, but you can trustTatum OBrienof OKeeffe OBrien Lyson Attorneys to help guide you through the process. Code 28-32-01(2)(n); The Board reviews about 50 pardon applications each year, but the governors have pardoned very few individuals in recent years. See See, If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1 [, on consideration of conviction in licensing. Penalties generally involve fines, jail time or both. A person must apply for an expungement in court. (Subsequent Offense) Class A Nonperson Misdemeanor: Imprisonment without eligibility for parole until completion of 5 days; fine of at least $100. Ohio 4507.02 Persons convicted under federal law or the laws of another state are ineligible for a state pardon. Misdemeanors in North Dakota. Code 62.1-02-01(1)(a) (see above). Local attorneys know the system, prosecutors, and judges well, which can be helpful in your defense. . By the fall of 2022, only a total of about 50 pardons had been issued, and the governors office reported that the applications had slowed to a dwindle.https://www.usnews.com/news/best-states/north-dakota/articles/2021-12-09/north-dakotans-seeking-pot-pardons-slow-to-a-dwindle. )DKw?3%xCK>I}uz^DbS]I@{!qSeHs[$1=*os|nC LJK975@RMJ/Y{^X(!r2 mlw0v!(|u 12.1-32-07.2(2). A class A misdemeanor if the actor recklessly causes pecuniary loss in excess of two thousand dollars or if the actor intentionally causes pecuniary loss of from one hundred dollars through two thousand dollars. (1) Felony Cases. A series of criteria to be applied by the court are set forth in the statute, including such standard aggravating and mitigating factors as the seriousness of the crime, the age of the petitioner when it was committed, rehabilitation, etc. inability to obtain or maintain licensures or certifications necessary for employment) or demonstrate some other compelling need for relief as a result of unusual circumstances. Pardon Advisory Board, N.D. Dept of Corr. See also North Dakota Pardon Advisory Board still seeking more applicants under new marijuana policy, Bismarck Tribune, Feb. 10, 2020,https://bismarcktribune.com/news/local/crime-and-courts/north-dakota-pardon-advisory-board-still-seeking-more-applicants-under/article_7fa40ea7-5355-50a4-aaa4-9dcff9551fc3.html. This website is for informational purposes only and does not provide legal advice. After a guilty plea, [a] court, upon application or its own motion, may defer imposition of sentence and place a person on probation. Fine - Not more than $1,000. N.D. Loss & restoration of civil/firearms rightsA. When placing a defendant on probation, the judge might order the defendant to remain crime-free, complete community service or treatment, maintain employment, attend post-secondary classes, or be subject to a curfew, home confinement, or electronic monitoring. R. 41(r)(b)(9); (6)(a). Below, we describe penalties for illegal handgun possession in three contexts: (1) possession without a permit, license, or certificate in those states with such a requirement; (2) possession by minors; and (3) possession by convicted felons. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Imprisonment - Not more than 30 days. Here Are the Best Marijuana Lawyers in All 50 U.S. States the North Dakota Rules of . Class 2 Misdemeanor - If you are convicted of a Class 2 misdemeanor you face a maximum of 60 days in jail and a $1,000 fine. Up to 90% of the sentence can be served under house arrest. Cent. ), If a defendant convicted of a felony receives a misdemeanor sentence (less than 360 days' incarceration), the conviction goes on record as a misdemeanorwith an important exception. Sealing for victims of human traffickingG. If the court concludes, after conducting the balancing analysis and making findings, that the interest of justice will be served, it may prohibit public internet access to an individual defendants electronic court record in a criminal case, and the search result for the records must display the words Internet Access Prohibited under N.D.Sup.Ct. The law created a new Chapter 12-60.1 authorizing people with both misdemeanor and felony offenses to apply for sealing after a charge-free waiting period of three and five years from the date of last release, respectively, as long as the sentence has been completed. In contrast, Class D misdemeanors involve the least serious types of misdemeanor offenses. The state constitution vests the pardon power (except in cases of treason or impeachment) in the governor. The law took effect on August 1, 2019. These penalties vary widely, but follow a similar theme: driving without a license is a serious offense that goes beyond a moving violation. The closure must be no broader than necessary to protect the articulated interest with the least restrictive means to achieve the purposes of the rule and the needs of the requestor. \&j])?h_GW,5D If youve been charged with a misdemeanor, here are a few things you should know about your class of crime. d. If conviction of an offense is used in whole or in part as a basis for disqualification of a person, such disqualification shall be in writing and shall specifically state the evidence presented and the reasons for disqualification. Whether a particular offense is a felony is determined under the law of the jurisdiction of conviction. N.D. Cent. Code 12.1-21-05 - Casetext North Dakota Felonies | GovernmentRegistry.org MOSAC Public Information Welcome Page - Missouri Gross Misdemeanor: Imprisonment for no more than 364 days, fine of no more than $5,000, or both. The "Warrantless Arrest" provision was clarified. Some states use other terms for each level, such as "misdemeanor," "high misdemeanor," or "gross misdemeanor. (Second Offense): Imprisonment for 30 days; $1,000 fine; license suspension increased by 2 years; additional, inapplicable penalties. Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered in violation of, or with the intent to violate, any provision of . Code, 27-20-51(1); N.D.R. (A few states provide misdemeanor penalties as high as two or three years' incarceration.) In Texas, possession of fewer than two ounces could land you in jail for 180 days. In North Carolina, possessing a fake ID is a Class 1 misdemeanor, which can lead to an arrest. updated Sep 19, 2022. ), (N.D. Property Law, Personal Injury Page No. Cent. All rights reserved. 12.1-33-03(1). D2A ($7YOzl$psMZH VBD& ". `LVYpC^&Yw=#\8E}y +X9}?XY?V*'>G1"3[X}$`mQwKRAs(*8s ?ia+Hy{5 %9\RE$}=ufiiO=.=a#B"t8GAhC VjGeU0. R., Record Records Retention Schedule (https://www.ndcourts.gov/court/rules/Administrative/Ar19sch.htm). Overcharging can also backfire when defense counsel points out to the judge or jury that the offense has been blown out of proportion to what really happened. Code 12.1-33-02.1 (Prior conviction of a crime not bar to state licensures) provides: A person may not be disqualified to practice, pursue, or engage in any occupation, trade, or profession for which a license, permit, certificate, or registration is required from any state agency, board, commission, or department solely because of prior conviction of an offense. Cent. Cf. LawServer is for purposes of information only and is no substitute for legal advice. In North Dakota, a person charged with a crime faces either a misdemeanor or felony conviction. N.D. The pardon clerk also directs field investigations and prepares a packet of cases for the Boards semi-annual meeting. See, A series of criteria to be applied by the court are set forth in the statute, including such standard aggravating and mitigating factors as the seriousness of the crime, the age of the petitioner when it was committed, rehabilitation, etc. (Subsequent Offense): Imprisonment for between 30 days and 1 year; fine of no more than $3,000; license suspension increased by 2 years. See also Attorney Generals Opinion, No. Class B Misdemeanor: Imprisonment of no more than 6 months; $1,000 fine. Both rights are restored upon release from prison. Juv. Records of juvenile adjudications are treated as confidential and generally unavailable to the public. Morrison County Attorney Brian Middendorf and his staff have filed gross misdemeanor complaints against the following individuals: Pamela Sue Hopkins, 66, Little Falls In connection with a Feb. 24 incident, Hopkins was charged with two counts of second-degree DWI. For misdemeanors, the maximum jail time is 360 days. The Office of the Governor estimates that 175,000 people may be eligible for relief under the new marijuana pardon policy, and has begun soliciting applications. P. 32.1 (a file is sealed 61 days after expiration or termination of probation for infractions and misdemeanors). Criminal Vehicular Injury results in up to five years imprisonment. North Dakota's criminal failure to pay sales tax penalty is a Class A misdemeanor. Release from incarceration also restores the right to sit on a jury, except for certain offenses. Another option is to ask the court to seal the record so that it does not appear in background checks. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Class B misdemeanor. When a person pleads guilty or is found guilty of a first offense regarding possession of one ounceor less of marijuana and a judgment of guilt is entered, a court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter and has not been convicted of any other criminal offense. Some crimes that would qualify as a Class B Misdemeanor in North Dakota are: Maximum Penalty: Fine of $1,000. The legislation listed below includes key 2022 enactments related to the 911 system, such as administration, fees and funding, 911 telecommunicator reclassification and Next Generation 911. (Fourth or Subsequent Offenses) Felony: Imprisonment for 1-5 years; possible addition fine of $2,500-$5,000. The rights to vote and to hold public office are lost upon conviction of a felony and sentencing to imprisonment during the term of actual incarceration. N.D. Penalties generally involve fines, jail time or both. call 701-235-8000. Broward detention deputy charged with misdemeanor battery The information provided in this research It does not apply to anyone required by the court to register as a sexually violent offender. Ct. Admin. Resignation accepted for Jamestown teacher facing felony drug charge In some states the most serious misdemeanors are punishable by a fine of up to $2,500. Expungement, sealing & other record reliefA. Cent. }f`Yw\:wiAl60 X^[^A2~RWHOiL_C9Bf'Qpx"](S^;bS"luq1ia@b*H{k"TGM*8Q-uZq|l6MnBp3-2 El $ JFunV~+K;;9 North Dakota Court System - RULE 23. TRIAL BY JURY OR BY COURT (N.D. (First Offense) Misdemeanor: Imprisonment for no more than 30 days, $200-$500 fine, or both. Cent. BISMARCK, N.D. (KVRR/KFGO) A North Dakota House committee has given a "do pass" recommendation to a bill designed to prevent kids under 18 from attending drag shows. The crimes that are classified as Class A Misdemeanors will vary depending on the jurisdiction. Levels of Misdemeanors By State - My Case Helper A state agency, board, commission, or department shall consider the following in determining sufficient rehabilitation: a. Common offense that fall within Class 2 include. (First Offense) Misdemeanor: Imprisonment for no more than 1 year, fine of no more than $1,000, or both; possible license suspension increased by no more than 1 year. Other options include community service or probation. c. The time elapsed since the conviction or release. Class A Traffic Infraction: $220-$2,000 fine. (N.D. \@T3Kk$_fjtSU)DRPY`a a~WJ N.D. Id. Krista is licensed to practice law in Pennsylvania and Washington. A Class B felony is punishable by 10 years in prison and a $20,000 fine. (Second Offense): Imprisonment for 1-5 days; $750 fine. convicted of a class B misdemeanor. Diaz-Villalba died on January 14 and the Gwinnett Medical Examiner's Office concluded this week that the injuries to his head were the cause of death. Jalen Carter Releases Statement Following Misdemeanor Warrants Code, 27-20-51(1); N.D.R. There are two types of misdemeanors under North Dakota law: Class A misdemeanors and Class B misdemeanors. The court shall deliver the number plates to the sheriff and notify the department of the order. Reduction of a felony conviction to a misdemeanor has the effect of releasing the defendant from all penalties and disabilities resulting from the offense, except for sex offender registration and firearms disabilities.

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class a misdemeanor north dakota

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This charge also applies to any theft valued no more than $500 that was committed through fraud or embezzlement. Probation can also include jail time. Cent. N.D. According to NDCC t12.1c32, the maximum jail term for a Class A misdemeanor is 360 days. Cent. Start here to find criminal defense lawyers near you. Bismarck Republican . The federal rule, as amended in 2002, permits a trial by a jury of eleven without a stipulation if the court finds it necessary to excuse a juror after the jury has retired to consider its verdict. The offender shall deliver the number plates to the court without delay at a time certain as ordered by the court following the conviction. Juv. (Subsequent Offense) Misdemeanor: Imprisonment for no more than 180 days; fine of no less than $500. Pardon policy & practiceA. Legality of cannabis by U.S. jurisdiction - Wikipedia jyoung@state.nd.us, Ken Sorenson You could be facing some serious consequences as a result, including loss of a job or receiving a criminal record, but you can trustTatum OBrienof OKeeffe OBrien Lyson Attorneys to help guide you through the process. Code 28-32-01(2)(n); The Board reviews about 50 pardon applications each year, but the governors have pardoned very few individuals in recent years. See See, If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1 [, on consideration of conviction in licensing. Penalties generally involve fines, jail time or both. A person must apply for an expungement in court. (Subsequent Offense) Class A Nonperson Misdemeanor: Imprisonment without eligibility for parole until completion of 5 days; fine of at least $100. Ohio 4507.02 Persons convicted under federal law or the laws of another state are ineligible for a state pardon. Misdemeanors in North Dakota. Code 62.1-02-01(1)(a) (see above). Local attorneys know the system, prosecutors, and judges well, which can be helpful in your defense. . By the fall of 2022, only a total of about 50 pardons had been issued, and the governors office reported that the applications had slowed to a dwindle.https://www.usnews.com/news/best-states/north-dakota/articles/2021-12-09/north-dakotans-seeking-pot-pardons-slow-to-a-dwindle. )DKw?3%xCK>I}uz^DbS]I@{!qSeHs[$1=*os|nC LJK975@RMJ/Y{^X(!r2 mlw0v!(|u 12.1-32-07.2(2). A class A misdemeanor if the actor recklessly causes pecuniary loss in excess of two thousand dollars or if the actor intentionally causes pecuniary loss of from one hundred dollars through two thousand dollars. (1) Felony Cases. A series of criteria to be applied by the court are set forth in the statute, including such standard aggravating and mitigating factors as the seriousness of the crime, the age of the petitioner when it was committed, rehabilitation, etc. inability to obtain or maintain licensures or certifications necessary for employment) or demonstrate some other compelling need for relief as a result of unusual circumstances. Pardon Advisory Board, N.D. Dept of Corr. See also North Dakota Pardon Advisory Board still seeking more applicants under new marijuana policy, Bismarck Tribune, Feb. 10, 2020,https://bismarcktribune.com/news/local/crime-and-courts/north-dakota-pardon-advisory-board-still-seeking-more-applicants-under/article_7fa40ea7-5355-50a4-aaa4-9dcff9551fc3.html. This website is for informational purposes only and does not provide legal advice. After a guilty plea, [a] court, upon application or its own motion, may defer imposition of sentence and place a person on probation. Fine - Not more than $1,000. N.D. Loss & restoration of civil/firearms rightsA. When placing a defendant on probation, the judge might order the defendant to remain crime-free, complete community service or treatment, maintain employment, attend post-secondary classes, or be subject to a curfew, home confinement, or electronic monitoring. R. 41(r)(b)(9); (6)(a). Below, we describe penalties for illegal handgun possession in three contexts: (1) possession without a permit, license, or certificate in those states with such a requirement; (2) possession by minors; and (3) possession by convicted felons. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Imprisonment - Not more than 30 days. Here Are the Best Marijuana Lawyers in All 50 U.S. States the North Dakota Rules of . Class 2 Misdemeanor - If you are convicted of a Class 2 misdemeanor you face a maximum of 60 days in jail and a $1,000 fine. Up to 90% of the sentence can be served under house arrest. Cent. ), If a defendant convicted of a felony receives a misdemeanor sentence (less than 360 days' incarceration), the conviction goes on record as a misdemeanorwith an important exception. Sealing for victims of human traffickingG. If the court concludes, after conducting the balancing analysis and making findings, that the interest of justice will be served, it may prohibit public internet access to an individual defendants electronic court record in a criminal case, and the search result for the records must display the words Internet Access Prohibited under N.D.Sup.Ct. The law created a new Chapter 12-60.1 authorizing people with both misdemeanor and felony offenses to apply for sealing after a charge-free waiting period of three and five years from the date of last release, respectively, as long as the sentence has been completed. In contrast, Class D misdemeanors involve the least serious types of misdemeanor offenses. The state constitution vests the pardon power (except in cases of treason or impeachment) in the governor. The law took effect on August 1, 2019. These penalties vary widely, but follow a similar theme: driving without a license is a serious offense that goes beyond a moving violation. The closure must be no broader than necessary to protect the articulated interest with the least restrictive means to achieve the purposes of the rule and the needs of the requestor. \&j])?h_GW,5D If youve been charged with a misdemeanor, here are a few things you should know about your class of crime. d. If conviction of an offense is used in whole or in part as a basis for disqualification of a person, such disqualification shall be in writing and shall specifically state the evidence presented and the reasons for disqualification. Whether a particular offense is a felony is determined under the law of the jurisdiction of conviction. N.D. Cent. Code 12.1-21-05 - Casetext North Dakota Felonies | GovernmentRegistry.org MOSAC Public Information Welcome Page - Missouri Gross Misdemeanor: Imprisonment for no more than 364 days, fine of no more than $5,000, or both. The "Warrantless Arrest" provision was clarified. Some states use other terms for each level, such as "misdemeanor," "high misdemeanor," or "gross misdemeanor. (Second Offense): Imprisonment for 30 days; $1,000 fine; license suspension increased by 2 years; additional, inapplicable penalties. Every person who shall receive any property or conveyance thereof from another, knowing that the same is transferred or delivered in violation of, or with the intent to violate, any provision of . Code, 27-20-51(1); N.D.R. (A few states provide misdemeanor penalties as high as two or three years' incarceration.) In Texas, possession of fewer than two ounces could land you in jail for 180 days. In North Carolina, possessing a fake ID is a Class 1 misdemeanor, which can lead to an arrest. updated Sep 19, 2022. ), (N.D. Property Law, Personal Injury Page No. Cent. All rights reserved. 12.1-33-03(1). D2A ($7YOzl$psMZH VBD& ". `LVYpC^&Yw=#\8E}y +X9}?XY?V*'>G1"3[X}$`mQwKRAs(*8s ?ia+Hy{5 %9\RE$}=ufiiO=.=a#B"t8GAhC VjGeU0. R., Record Records Retention Schedule (https://www.ndcourts.gov/court/rules/Administrative/Ar19sch.htm). Overcharging can also backfire when defense counsel points out to the judge or jury that the offense has been blown out of proportion to what really happened. Code 12.1-33-02.1 (Prior conviction of a crime not bar to state licensures) provides: A person may not be disqualified to practice, pursue, or engage in any occupation, trade, or profession for which a license, permit, certificate, or registration is required from any state agency, board, commission, or department solely because of prior conviction of an offense. Cent. Cf. LawServer is for purposes of information only and is no substitute for legal advice. In North Dakota, a person charged with a crime faces either a misdemeanor or felony conviction. N.D. The pardon clerk also directs field investigations and prepares a packet of cases for the Boards semi-annual meeting. See, A series of criteria to be applied by the court are set forth in the statute, including such standard aggravating and mitigating factors as the seriousness of the crime, the age of the petitioner when it was committed, rehabilitation, etc. (Subsequent Offense): Imprisonment for between 30 days and 1 year; fine of no more than $3,000; license suspension increased by 2 years. See also Attorney Generals Opinion, No. Class B Misdemeanor: Imprisonment of no more than 6 months; $1,000 fine. Both rights are restored upon release from prison. Juv. Records of juvenile adjudications are treated as confidential and generally unavailable to the public. Morrison County Attorney Brian Middendorf and his staff have filed gross misdemeanor complaints against the following individuals: Pamela Sue Hopkins, 66, Little Falls In connection with a Feb. 24 incident, Hopkins was charged with two counts of second-degree DWI. For misdemeanors, the maximum jail time is 360 days. The Office of the Governor estimates that 175,000 people may be eligible for relief under the new marijuana pardon policy, and has begun soliciting applications. P. 32.1 (a file is sealed 61 days after expiration or termination of probation for infractions and misdemeanors). Criminal Vehicular Injury results in up to five years imprisonment. North Dakota's criminal failure to pay sales tax penalty is a Class A misdemeanor. Release from incarceration also restores the right to sit on a jury, except for certain offenses. Another option is to ask the court to seal the record so that it does not appear in background checks. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Class B misdemeanor. When a person pleads guilty or is found guilty of a first offense regarding possession of one ounceor less of marijuana and a judgment of guilt is entered, a court, upon motion, shall seal the court record of that conviction if the person is not subsequently convicted within two years of a further violation of this chapter and has not been convicted of any other criminal offense. Some crimes that would qualify as a Class B Misdemeanor in North Dakota are: Maximum Penalty: Fine of $1,000. The legislation listed below includes key 2022 enactments related to the 911 system, such as administration, fees and funding, 911 telecommunicator reclassification and Next Generation 911. (Fourth or Subsequent Offenses) Felony: Imprisonment for 1-5 years; possible addition fine of $2,500-$5,000. The rights to vote and to hold public office are lost upon conviction of a felony and sentencing to imprisonment during the term of actual incarceration. N.D. Penalties generally involve fines, jail time or both. call 701-235-8000. Broward detention deputy charged with misdemeanor battery The information provided in this research It does not apply to anyone required by the court to register as a sexually violent offender. Ct. Admin. Resignation accepted for Jamestown teacher facing felony drug charge In some states the most serious misdemeanors are punishable by a fine of up to $2,500. Expungement, sealing & other record reliefA. Cent. }f`Yw\:wiAl60 X^[^A2~RWHOiL_C9Bf'Qpx"](S^;bS"luq1ia@b*H{k"TGM*8Q-uZq|l6MnBp3-2 El $ JFunV~+K;;9 North Dakota Court System - RULE 23. TRIAL BY JURY OR BY COURT (N.D. (First Offense) Misdemeanor: Imprisonment for no more than 30 days, $200-$500 fine, or both. Cent. BISMARCK, N.D. (KVRR/KFGO) A North Dakota House committee has given a "do pass" recommendation to a bill designed to prevent kids under 18 from attending drag shows. The crimes that are classified as Class A Misdemeanors will vary depending on the jurisdiction. Levels of Misdemeanors By State - My Case Helper A state agency, board, commission, or department shall consider the following in determining sufficient rehabilitation: a. Common offense that fall within Class 2 include. (First Offense) Misdemeanor: Imprisonment for no more than 1 year, fine of no more than $1,000, or both; possible license suspension increased by no more than 1 year. Other options include community service or probation. c. The time elapsed since the conviction or release. Class A Traffic Infraction: $220-$2,000 fine. (N.D. \@T3Kk$_fjtSU)DRPY`a a~WJ N.D. Id. Krista is licensed to practice law in Pennsylvania and Washington. A Class B felony is punishable by 10 years in prison and a $20,000 fine. (Second Offense): Imprisonment for 1-5 days; $750 fine. convicted of a class B misdemeanor. Diaz-Villalba died on January 14 and the Gwinnett Medical Examiner's Office concluded this week that the injuries to his head were the cause of death. Jalen Carter Releases Statement Following Misdemeanor Warrants Code, 27-20-51(1); N.D.R. There are two types of misdemeanors under North Dakota law: Class A misdemeanors and Class B misdemeanors. The court shall deliver the number plates to the sheriff and notify the department of the order. Reduction of a felony conviction to a misdemeanor has the effect of releasing the defendant from all penalties and disabilities resulting from the offense, except for sex offender registration and firearms disabilities. Clay Cooper Net Worth, Request For Admissions Florida, Emory Nursing Dress Code, Fincastle Herald Arrests October 2020, Leesville High School Football Roster, Articles C

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