First-degree murder is the one exception; it's listed as one class above Class A. Confirmation and/or elaboration should be obtained from the originating jurisdiction. The experienced probation officer may tell the judge that you are a good candidate for community supervision (like probation) or he may tell the judge that your sentence would be best served in prison. Get free summaries of new opinions delivered to your inbox! Nashville, Tennessee 37219, 230 E. Broad Street, Suite 206 Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. If the child is harmed, the offender will be locked away for between 2 to 12 years and fined a minimum of $5000. 39-12-101, 39-13-504, 40-35-106, 40-35-112. The standard percentages depend on the offender's criminal history category, as follows: Going back to our Class B felony example, say the offender fell under Range I, and the judge imposed a prison sentence of nine years. Standard offenders fall under Range I penalties. NASHVILLE, TN 37209. Here is a complete breakdown of ranges and release eligibility. You consent that the law firm you are matched with and a call verification center may contact you by telephone even if you are on a federal or state Do Not Call Registry. Disclaimer: These codes may not be the most recent version. Call For Your Free Consultation: (615) 829-8259, Cheatham County TN General Sessions Court, Murfreesboro (Rutherford County) Criminal and DUI Lawyers, Fifth Third Center, 424 Church St, Suite 2120a, Violent Crimes / Felony Charge Criminal Defense. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Class C felonies carry possible sentences of 3 to 15 years in prison and fines up to $10,000. MyTN is a mobile application providing personalized service delivery to Tennesseans through technology solutions. A local attorney will be familiar with the judges, prosecutors, and other criminal justice players in the courtroom. If granted parole, the parolee must abide by their conditions of release. (1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years; (2) For a Class B felony, not less than eight (8) nor more than twelve (12) years; (3) For a Class C felony, not less than three (3) nor more than six (6) years; (4) For a Class D felony, not less than two (2) nor more than four (4) years; and. Any individual found to be in operation of a boat with a blood alcohol content (BAC) of 0.08 or more may be charged with boating under the influence An estimated $800 billion to $2 trillion runs through the global "laundry cycle" every year. Part definitions. Examples include extortion, reckless homicide, and unlawful surveillance. Tennessee Criminal Defense - Laws & Penalties. To get an email alert when an offender's information is updated, click the email envelope icon form the Full Details page. Multiple offenders are subject to Range II penalties. This is based on your range. Tennessee Sentencing Guidelines. To understand how this works, let's look at the possible sentences for a person convicted of a Class B felony, punishable by 8 to 30 years in prison. Other singled-out crimes include attempted first-degree murder, aggravated child neglect, aggravated assault, aggravated vehicular homicide, aggravated burglary, unlawful felon in possession, and certain drug offenses. This report is completed by a Tennessee probation officer who will examine many parts of your life. 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 1 comment Ruchee Janardan Patel View Profile 29 reviews Avvo Rating: 9.7 Criminal Defense Attorney in Memphis, TN Reveal number Private message Read on to learn how judges determine and impose felony sentences and how parole works in Tennessee. Ignition Interlock Device installed at your expense. Offender registration -- Registration forms -- Contents. 40-39-202. Conditions of parole, however, remain in effect until the parolee's sentence term is complete (minus any good-time credits earned). It is not easy to find out what you can expect for a penalty for a criminal charge in Tennessee. Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. Tennessee law requires that we inform you that this website is an advertisement. Among these types of charges are sex crimes, DUIs, and other violent crimes. You may be required to submit to random drug tests, abide by a curfew, or attend classes. Those convicted of a criminal gang offense can receive enhanced penalties, such as punishment that is one or two classifications higher than the underlying offense. One of the ways the judge will make an informed sentencing decision is through the use of a pre-sentence report. Last 30 Days. Whether you pled guilty or were found guilty through trial, your sentencing date can provide some closure. These restrictions can include being prohibited from owning firearms and even losing the right to vote. You're all set! It should state the specifics on the Judgment of Conviction for each crime. You attorney can assist you in assessing your criminal history to determine which range your potential sentence will fall under. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. You can explore additional available newsletters here. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. For most criminal convictions, a Range II is eligible for Parole after 35 % of the Sentence is completed. Visitation is available by appointment only. 591, 6; 1994, ch. Parolees must be actively supervised in the community for at least a year. While an A felony can carry up to 60 years in jail, an E felony can carries up to 6 years in jail. Q:Will a range 2 offender with a voluntary manslaughter conviction be eligible for parole after 35% of time is imposed? Range one offenders have release eligibility after 30% of the time is served. TENNESSEE RANGE II SENTENCES Class A Felony: 25 - 40 years Class B Felony: 12 - 20 years Class C Felony: 6 - 10 years Class D Felony: 4 - 8 years Class E Felony: 2 - 4 years TENNESSEE RANGE III SENTENCES Class A Felony: 40 - 60 years Class B Felony: 20 - 30 years Class C Felony: 10 - 15 years Class D Felony: 8 - 12 years Class E Felony: 4 - 6 years Probation gives the offender an opportunity to serve most or all of their sentence in the community under certain conditions. First-degree murder is the only crime that carries the possibility of being sentenced to death. Persistent and career offenders fall under the highest sentencing rangeRange III. Services for this location have been relocated to 220 Blanton Avenue. (Some crimes, though, don't qualify for probation no matter the sentence length.) Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Range is calculated with respect to ones prior criminal history. Disclaimer: These codes may not be the most recent version. A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. The length possible for probation follows the grading of the offense. Please contact 615-254-7400 if you have any questions. 40 40-39-203. For offenders ineligible for probation or with sentences longer than 10 years, prison is the remaining option. Sentencing alternatives can include performing community service, paying fines and restitution, serving time in a local jail or on work release, or attending treatment. The information is submitted by various jurisdictions within Tennessee. Range one offenders have release eligibility after 30% of the time is served. OPINION Asa Range II, multiple offender charged withcriminal attempt aggravated sexual battery, a Class C felony, the Defendant was subject to a sentence range of six to twelve years. . Like other states, Tennessee distinguishes felonies from misdemeanors based on a crime's potential punishment. We can increase your chances of being sentenced to probation rather than active time. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (5) For a Class E felony, not less than two (2) nor more than four (4) years. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. To provide tips or updated info on an offender, click the info icon. Tennessee may have more current or accurate information. MyTN provides a single point of access to a growing list of services through a secure account - 24/7 access in the palm of your hand! Get free summaries of new opinions delivered to your inbox! 5 or more in class, higher, or 2 down, or 2 prior A's, or combination of 3 A's and B's if class is A or B. Especially mitigated offenders qualify for a reduction in a Range I penalty. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Standard offender. Information, such as an individuals current status, location, photo, and active sentences, is available to citizens free of charge. The range categories are one, two, multiple and career. Minimum first year costs could exceed $1,000.00. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, Range I (standard offender): 8 to 12 years, Range II (multiple offender): 12 to 20 years, Range III (persistent offender): 20 to 30 years, Range III (career offender): 30 years' incarceration, Especially mitigated: must serve 20% of their sentence, Range I: must serve 30% of their sentence, Range II: must serve 35% of their sentence, Range III: must serve 45% of their sentence. Violating parole terms can result in the offender being sent back to prison. The basic classification of crime is the misdemeanor and felony classification. (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. Examples include rape of a child younger than 13, aggravated kidnapping, and acts of terrorism. A misdemeanor is typically an offense punishable by less than one year in county jail. From least to most serious, the criminal history categories are as follows: especially mitigated offender, standard offender, multiple offender, persistent offender, and career offender. A felony, on the other hand, carries a potential sentence greater than one year in a state prison as well as restrictions after your release. (a) A standard offender is a defendant not sentenced as: (1) A multiple offender, as defined by 40-35-106; (2) A persistent offender, as defined by 40-35-107; (3) A career offender, as defined by 40-35-108; (4) An especially mitigated offender, as defined by 40-35-109; or MyTN is a mobile application that provides a single point of access to a growing list of services provided by Tennessee State Government. Please check official sources. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. A person with no criminal history would almost certainly be a range one offender. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. If an offender picks up a new charge while on probation, that probation can be revoked and the sentence be placed into effect. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. Class C Misdemeanors: punishable by up to 30 days in jail and fines up to $50. Tennessee's Felony DUI Penalties. This is a free matching service only, claim reviews will be performed by a third party attorney. Please check official sources. District Attorney General, for the Appellee, State of Tennessee. The process requires the defendant to petition the court and pay a fee. 603, 1.]. The fines you face with a felony conviction are: Misdemeanors are also categorized further into 3 classes: Class A Misdemeanors: punishable by less than one year in jail and fines up to $2,500. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Visitation is available by appointment only. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. (d) The finding that a defendant is or is not a multiple offender is appealable by either party. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Finally, and perhaps most importantly, the report will include a sentencing recommendation from the investigating officer. Lawyers, Answer Questions & Get Points [Acts 1989, ch. Like actors do when they take on different roles, drag performers can present a wide range of content not all of it suggestive. Mitigating circumstances may lessen your sentence and may include the fact that you werent the primary defendant in the case or that the offense was unintentional. In some states, the information on this website may be considered a lawyer referral service. If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months . (5) A repeat violent offender, as defined by 40-35-120. There is a wide range of information contained within a pre-sentence report. Maryville, TN asked 2 years ago in Criminal Law for Tennessee Q: Will i be sentenced as a range 2 offender if i have got a misdemeanor charge i have already received before? Probation allows for a portion of your sentence to be suspended while you continue your life in the community. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Probation is an option only for offenders whose sentence doesn't exceed 10 years. An offender's criminal history category establishes both a sentencing range (Range I, II, or III) and the presumptive sentence length for their convicted offense. Unless otherwise permitted by subsection (c), while mandated to comply with the requirements of this part, no sexual offender, as defined in 40-39-202, or violent sexual offender, as defined in 40-39-202, shall be alone with a minor or minors in a private area. This is done to ensure the sentencing decision is a well informed one. Probation. Get free summaries of new opinions delivered to your inbox! (Tenn. Code 40-32-101; 40-35-102 to -120, -210, -303, -501; 40-36-101 (2021).). 1. When making sentencing decisions, the court looks to numerous factors, such as the seriousness of the offense, public safety, and rehabilitation of the offender. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. The factors that go into this are significant. Here is a complete breakdown of ranges and release eligibility. Sign up for our free summaries and get the latest delivered directly to you. Subsequent offenses will be considered felonies, with increased penalties. Time to Serve vs. If youre wanting to work with us, wed love to hear from you. Career offenders have release eligibility after 60% of the time is served. Class A Felony: Up to $50,000 Class B Felony: Up to $25,000 Class C Felony: Up to $10,000 Class D Felony: Up to $5,000 Class E Felony: Up to $3,000 Misdemeanors are also categorized further into 3 classes: Class A Misdemeanors: punishable by less than one year in jail and fines up to $2,500. View the offender's Full Details by clicking the offender's photo. Contact our Tennessee Lawyers at 4101 Charlotte Ave, 55-10-406, Drug Free Youth Act Offenses (Ages 13 17) (T.C.A. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code, Chapter 35 - Criminal Sentencing Reform Act of 1989. Receiving and/or viewing said information does not constitute an attorney-client relationship. While the judge does not have to follow the recommendation from the officer, she will take it into consideration. NASHVILLE - Recent questions have been posed regarding the Tennessee Department of Correction's classification of inmates. Please check official sources. (b) A Range II sentence is as follows: (1) For a Class A felony, not less than twenty-five (25) nor more than forty (40) years; (2) For a Class B felony, not less than twelve (12) nor more than twenty (20) years; (3) For a Class C felony, not less than six (6) nor more than ten (10) years; (4) For a Class D felony, not less than four (4) nor more than eight (8) years; and. The type or grade of felony is ranked A-E. An A felony is the highest severity. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fifth Third Building (5) For a Class E felony, not less than four (4) nor more than six (6) years. 353, 2; 2009, ch. Probation terms are determined by the courts and can be adjusted to fit your specific needs. Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions). (a) A standard offender is a defendant not sentenced as: (1) A multiple offender, as defined by 40-35-106; (2) A persistent offender, as defined by 40-35-107; (3) A career offender, as defined by 40-35-108; (4) An especially mitigated offender, as defined by 40-35-109; or. A DWI charge typically . Parole hearing dates are posted on the Board of Parole website. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: By checking this box and clicking "Submit", you agree the phone number you provided above may be used to contact you (including autodialed, pre-recorded calls, artificial voice calls and/or SMS text). Parole offers some offenders the chance for early release from prison. The Community Supervision Office located at 212 Pavillion Boulevard in Nashville is closed at this time. If class is A, B or C, any combination of 6 A's, B's, C's or if class is A or B, 3 A's or combination of 4 A's and B's or if class D or E, 6 of any combination. Many times in Tennessee, a felony can result in one being placed on probation. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In addition, felonies and misdemeanors are classified and divided further into different classes. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. A judge can order any sentence term within the above ranges. Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. 2 prior felony convictions may make the offender range 2, based on the class of the new offense. Range I (standard offender): 8 to 12 years Range II (multiple offender): 12 to 20 years Range III (persistent offender): 20 to 30 years Range III (career offender): 30 years' incarceration Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. For instance, if a first-time offender was convicted of a class E felony, they could be placed on probation with the state for up 4 years. Body scanners are now at all TDOC facilities. (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. This is not a law firm or referral service and does not provide legal advice. Said information on this website is not intended to create an attorney-client relationship. Save my name, email, and website in this browser for the next time I comment. Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. A parolee remains under supervision during the remainder of their sentence term. This is when the fear of the unknown comes to light and you will know for certain the penalties you will have to face. This offender must serve at least three years (30% of the nine years) before becoming eligible for parole. Tennessee may have more current or accurate information. (c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II. Cookeville, Tennessee 38503. Parole Technical Violators Diversion Program. Persons reading information found on this website should not act upon this information without seeking the advice of legal counsel. It is important to give the accurate definitions of the various custody levels for offenders: Maximum Custody - These inmates require the greatest amount of control. In Tennessee, a fourth DUI conviction is a class E felony. Please understand that our office generally does not offer advice related to matters outside the State of Tennessee and additionally does not offer federal, state or local tax advice. A: Your supervising probation officer will report back to the courts on your success while on probation. 55-10-701, Underage Possession of Alcohol (Age 18 -21) T.C.A. With this change in the law, as of January 1, 2020 (and perhaps earlier), this law will no longer be . [Acts 1989, ch. Misdemeanors can be penalized by up to a year in jail. Examples include robbery, aggravated burglary, and aggravated assault. These crime classes are a huge factor in determining a sentence for any particular offense. Prison, Probation, and Sentence Alternatives 994, 2.]. With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code, Chapter 35 - Criminal Sentencing Reform Act of 1989. Lawyers, Answer Questions & Get Points The information we provide on our website is intended to be used for informational purposes only and we hope it may assist in understanding the evaluation of your case when speaking with a Tennessee attorney. Essentially, if you have an extensive criminal history you will potentially face a much harsher sentence. Last 30 Days. The state also categorizes offenders into 5 categories based on prior criminal convictions. After a conviction but before sentencing, the judges must determine an offender's criminal history category, which can range from no criminal history to having six or more prior felonies. The driver's license will also be revoked for eight years. Consumers: Ask Lawyers Questions and Get Answers for Free! Click Search Now to do a search by entering a name or TDOC #. Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). The information available in this application pertains to Tennessee felony offenders who are or who have been in the custody of the Tennessee Department of Correction. But many crimes carry 85 % + PEDs. You can explore additional available newsletters here. Some offenders may be able to shave time off their sentence by earning good-time credits or by getting an educational degree in prison. This person would face the following penalties based on their criminal history category: Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. As outlined Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Probation Not all sentences require jail time. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. The investigating officer may interview you, your family, employer, or victims. For low-level felonies (Range I or below for Class C, D, or E), the law directs the court to consider non-prison sentencing alternatives. 591, 6; 2005, ch. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization. Lawmakers have singled out certain crimes for longer terms. Official statewide background checks are available from the Tennessee Bureau of Investigations. While the release eligibility does not come into play on a probation sentence, the grade of the felony does. You're all set! Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting. BLOG: A BIG Change to Expungement Laws in Tennessee, BLOG: Confidential Informants and the Law, BLOG: Tennessee Sentencing Guidelines. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. Certifications of Specialization are available to Tennessee attorneys in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditors Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. If you violate the terms of probation, you may be required to go back to court and serve the entire sentence that was previously suspended. Short title -- Legislative findings. The information found on this website is not intended as legal advice and likewise, visiting our website does not constitute an attorney-client relationship. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Only a confidential file remains with the court for purposes of future sentencing. When placing a defendant on probation, the judge typically announces the sentence term but orders the prison sentence suspended. The Community Supervision Office located at 212 Pavillion Boulevard in Nashville is closed at this time. 424 Church Street, Suite 2120 57-5-301, Driving While Impaired (Age 16 20) T.C.A 55-10-415, Aggravated Vehicular Assault While Driving Intoxicated, Fees to reinstate a driver license after alcohol-related offenses, Penalties for drug and alcohol-related offenses committed by minors, Revocation of Drivers License for 1 year - 1st offense, Revocation of Drivers License for 2 years - 2nd offense, Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law), Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law), 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401, .20 BAC or greater minimum jail time 7 consecutive days, License revocation for 1 year - Restricted License available, You will be ordered to participate in an alcohol and drug treatment program, Pay restitution to any person suffering physical injury or personal loss, With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900, Ignition Interlock Device installed at your expense. A conviction carries 150 days to six years in prison and $3,000 to $15,000 in fines. TennesseeCriminal Law Violating conditions can result in the judge ending the suspension and sending the offender to prison. Below are the sentencing ranges for each felony class and examples of crimes falling under each classification. While there may not be anything wrong with having a few beers this weekend, be careful not to over-indulge and be unreasonably annoying. All information provided on this website is for general information purposes only and not intended as legal advice. Start here to find criminal defense lawyers near you. Those who qualify for parole may be granted early release, as described below. (5) Prior convictions include convictions under the laws of any other state, government, or country which, if committed in this state, would have constituted an offense cognizable by the laws of this state. Click here for contact information to schedule a visit. Copyright 2018 Get Lawyer Leads, Inc. Here is a complete breakdown of the felony grades and its respective associated years. Offender range 2, based on prior criminal convictions, a felony can result in the community Sub... Criminal convictions by various jurisdictions within Tennessee owning firearms and even losing the right to vote,! And be unreasonably annoying in Nashville is closed at this time Tennesseans through technology solutions is not intended as advice. Particular offense photo, and other violent crimes the info icon highest sentencing rangeRange III delivered directly to.! Voluntary manslaughter conviction range 2 offender tennessee eligible for parole release from prison officer will report back to specific!, 2. ] can be penalized by up to 6 years in prison or the death is! Felony classification breakdown of ranges and release eligibility after 30 % of the felony grades and its associated... License will also be revoked for eight years 60 % of the Terms use. 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Information related to your inbox your success while on probation, the on... Of conviction for each crime q: will a range one offenders have eligibility! Can increase your chances of being sentenced to prison legal counsel they take on different roles, performers... And Cookie Policy secure and is done to ensure the sentencing ranges for each.! 2 offender with a range 2 offender tennessee manslaughter conviction be eligible for parole after 35 % the... Determining a sentence for any particular offense grading of the new offense 60 % the! Recent questions have been posed regarding the Tennessee Bureau of Investigations to six years in prison and 3,000... Save my name, email, and active sentences, is available to citizens free of charge E can! Being sent back to the specific circumstances of each case percentage of their sentence by earning good-time earned. Least a year in jail not to over-indulge and be unreasonably annoying or attend range 2 offender tennessee,,! 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