Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class. Current through Register Vol. The nolle prosequi functionally converted into a dismissal without prejudice pursuant to Sec. Nolle prosequi; discretion of court upon good cause shown. An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further. The usual situation is that the initial evidence has demonstrated the accused's innocence or a fatal change in the quality of the prosecution. MY WORDS MY WORDS RECENTS settings log out. Defendant/Juvenile shall be immediately discharged from confinement in this case. In criminal cases, a nolle prosequi may be entered at any time before the finding of the grand jury, by the attorney general, and generally . This results in a dismissal of the case. thesaurus. Motion for nolle prosequi is denied. Cited. Regarding this sort of "jail-house snitch" testimony, we have stated that it is "becoming an increasing problem in this state, as well as throughout the American criminal justice system." McNeal v. State, 551 So.2d 151, 158 (Miss. The Nolle Prosequi Question. Nolle prosequi is a Latin term that means "we shall no longer prosecute" and is used to describe the formal notice to the court to dismiss all or part of a suit or action. Main Office: (301) 444-4432. State ex rel. Regardless of the nolle definition or how it is pronounced, the phrase means a prosecutor's voluntary dismissal of a previously accused charge. Rockville. In two recent high-profile murder trials, prosecutors asked two men who have been called liars to step onto a stage that demands truth and credibility - the witness stand . After disclosing your nolle prosequi disposition, you have one last requirement: And you must provide USCIS or the U.S. Consulate with a court-certified, final criminal disposition to show that the case was indeed resolved with a nolle prosequi entry. n. Abbr. 51, No. "I'll have your nolle prosequi on Judge Kilmer's desk first thing in the morning.". He explains that once correctional officers tell members of prison gangs that an inmate is a snitch and word gets out that the inmate is a witness against gang members, that status follows that inmate no matter where he is . Joe Barone was born into a life of crime from both sides of his family, became the longest-running mafia informant in the history of the FBI when his father was killed, and now lives in hiding from people in both camps who want him dead or behind bars. 5 CA 347. The motion requests that the pending charges against the defendant be nolle prossed due to lack of sufficient evidence to prosecute. A declaration that the plaintiff in a civil case or the prosecutor in a criminal case will drop prosecution of all or part of a suit or. Transcripts. Learn how to say Nolle Prosequi with EmmaSaying free pronunciation tutorials.Definition and meaning can be found here:https://www.google.com/search?q=define+. I hope this clarifies the meaning of a nolle prosequi disposition for immigration applicants. Petit Theft of $100 or MORE (M1) Nolle Prosequi When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police . 1993), we held that the A dismissal by nolle prosequi is different from an acquittal, explains Nolo. 11 CA 224. The Attorney-General may stop any prosecution on indictment by entering a nolle prosequi. NOTICE OF NOLLE PROSEQUI. Petit Theft of $100 or MORE (M1) Nolle Prosequi 7850 Walker Dr. Suite 160 Greenbelt, MD 20770 | Details. The prosecution may nol pross all charges against the defendant or only some. 1989). The Latin word "nolle" is roughly translated as "will no longer" and prosequi is Latin for "prosecute.". Nolle Prosequi - Case Dropped. Minor Crimes. JOIN MWU. No es momento de nolle prosequis. Id. State v. Gaskins, 263 S.C. 343, 347, 210 S.E.2d 590, 592 (1974). The clerk of the superior court shall issue a capias . Nolle prosequi. Considering two earlier indictments, which had alleged the same criminal conduct and were dismissed by a nolle prosequi order, the trial court held the later indictments against Smith violated the Speedy Trial Act, Code § 19.2-243. Often times a prosecutor will request a "null prosse" in circumstances where they may realize that their evidence is weak or in circumstances . Nolle Prosequi and Dismissal. Pronunciation of nolle prosequi with 2 audio pronunciations, 6 synonyms, 1 meaning, 9 translations, 1 sentence and more for nolle prosequi. Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class. (2022) This amendment to Rule 16(a) clarifies when the prosecuting attorney's authority to enter a nolle prosequi of a pending case ends, based on the meaning of "sentence" required by Commonwealth v.Beverly, 485 Mass. DUI with Minor In Car or BAL of .20 or Higher. The 55-year-old mother, Nadine Carroll, is being charged with smuggling contraband into the jail, while her daughter, 27, was charged with possession of cocaine and driving on a suspended license approximately two weeks before her mother sent the drugs. Nolle prosequi amounts to a formal declaration made by a prosecutor in a criminal case, or by a plaintiff in a civil lawsuit, that the case against the defendant is being dropped. In Virginia, nolle prosequi means a case was dismissed by the prosecution, according to Nolo. : The prosecutor had sole, unfettered discretion to enter a nolle prosequi in this case. Can you say snitch?! In criminal cases, nolle prosequi may be used in situations in which there is a fatal flaw in the prosecution's case, the prosecutor realizes he cannot prove the charges, or even that the . There is no doubting the original intendment of plea bargaining, as part of the mechanism for the administration of justice. Motion Granted in 48 hours. If they wanted to have a hold against the defendant they would be better served by improperly asking for a term of probation that is longer than the maximum sentence for the crime. (B) Upon a nolle prosequi, costs may be . The trial court sentenced defendant to 7 to 20 years of imprisonment for his conspiracy conviction. But I agree with my colleagues that while the informant's info may have been the reason an investigation was started of this group, it is only the tip of the iceberg. 2. Reading Time: 3 minutes. "Richard," he said, "a snitch is someone who actively participates in the crime and then sells out the other guys to try and get off from going to prison. prosecutions purporting to wholly discontinue and enter nolle prosequi respect of both private criminal complaints. Keeping your record conviction-free under Maryland law. You do not testify. An example of this latter point is a recent nolle . GAMES & QUIZZES THESAURUS WORD OF THE DAY FEATURES; SHOP Buying Guide M-W Books . 234 Pa. Code § 585 - Nolle Prosequi. 10 CA 217. A nolle prosequi may be entered either in a criminal or a civil case. As a defendant, probation before judgment (PBJ) will mean that you will have probation without conviction. A nolle prosequi is an entry by the prosecuting officer indicating that he has decided not to prosecute a case. Oakland Michigan Motion - Order of Nolle Prosequi An expertly drafted sample is already prepared and waiting for obtain in the US Legal Forms library. 5. The prosecution later filed a motion for nolle prosequi on these charges, which the trial court accepted. snitch system. (Christine Paulukonis, license no. NOLLE PROSEQUI, practice. See Code §§ 18.2-51, 18.2-55. A nolle prosequi stops the case and is an indefinite adjournment not an acquittal. Petit Theft. Wilson v. Renfroe, 91 So.2d 857, 859 (Fla.1956). In Sherrell v. State, 622 So.2d 1233, 1236 (Miss. Attorney Anthony Rickman researched the recent changes in marijuana legislation and was able present evidence to the State . David H. Lewis/E+/Getty Images. An entry of Nolle Prosequi may be made at any time after charges are brought before the court and before verdict or plea is entered. The state, represented by the prosecutor may timely nolle pros without the . A Florida mom is now in the same jail as her daughter after being arrested for mailing her daughter drugs while the daughter was in jail. The Client was arrested and charged with Possession of Cannabis, Possession of Drug Paraphernalia and Felony Possession of a Controlled Substance (THC Oil) after being stopped by law enforcement on his way home from work. The defendant has no right to a dismissal. In addition to a range of other factors, it helps prosecutors in a variety of ways to get at the root of crime. It is common in those cases for the government to file something called a "Nolle Prosequi" which means - loosely translated - that the government "declines to prosecute . Covering the Courts Quiz #1. The prosecutor may agree to the nolle pros of certain charges in exchange for a guilty plea to the primary charge. and in the matter of an application for leave to apply for an order for judicial review of the decision and /or determination of the chief magistrate of the 14th february, 2008 whereby she purported to give effect to the decisions . On appeal, the Commonwealth contends the trial court erred as a matter of law. A petetion for expungement was . Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Motion to Modify Probation. Nolle Prosequi And Its Application. Whether to dismiss a case is within the prosecutor's discretion. Nolle prosequi is a Latin term meaning "we shall no longer prosecute". Nolle prosequi, or nolle pros'd, means that a senior prosecutor, such as the Solicitor General of the US, Attorney General of a state, a State Attorney, or a District Attorney enters a request order of reasoning to the court, which states an 'unwillingness to pursue' a charge, indictment, or 'true bill' from a grand jury, against a defendant prior to trial, or verdict. Motion for nolle prosequi is granted as to the following charge(s), which are dismissed without prejudice: 3. That's one of the reasons there's so much . State Regulations. Thankfully, she is no longer an LPN due to a DUI-controlled substance conviction. Feb 22, 2009 at 12:00 AM. Cited. A nolle prosequi disposition of charges against one defendant, Patrick Carnell, was entered on September 6, 2011. . ¶15. This was the result of a traffic stop when she was on her way home from work! The Court finds and orders as follows: 1. Commonwealth) Nolle prosequi ("null prosse") is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date. Phone: (301) 459-8200. State v. Nolle Prosequi In Illinois. It is a declaration made by a prosecutor in a criminal case or by a plaintiff in a civil lawsuit . 54-142a(c) after thirteen months had elapsed, therefore the state was not barred from bringing charges against defendant four years later and defendant's right to a speedy trial was not violated. How to say nolle prosequi in English? Norwood v. Drumm, 691 S.W.2d 238.---- end of effective 28 Aug 2005 ---- use this link to bookmark section 56.060. Depending on the facts and circumstances of your case a negotiation that results in the nolle pros of some of the charges could help you . Gloria Stevens's partial criminal history (felonies in bold, nolle prosequi by Harvey Latney in italics): June 24, 2005, Caroline County General District: Nolle prosequi - Conspiracy to violate Drug Control Act. Log in Sign Up. The Defendant was arrested on the _____ day of _____, When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police . Nolle prosequi is a Latin term used in the legal context to describe a resolution of either a criminal or civil matter where the prosecution refuses to prosecute or take further legal action. 6. Before the Court is the Petition of the Defendant to seal his/her record. In 2003, I was among those appointed by President Levy Patrick Mwanawasa as Commissioner on the Constitution Review Commission (CRC) to help draft the country's new . A nolle prosequi "with leave" shall be entered in all criminal actions in which the indictment has been pending for two terms of court and the defendant has not been apprehended and in which a nolle prosequi has not been entered, unless the judge for good cause shown shall order otherwise. The legal distinction . This results in a dismissal of the case. This guide will give you an overview of that Nolle prosequi may be entered in a civil lawsuit for similar reasons, such as when evidence and testimony take a turn, and the plaintiff no longer has confidence that it will prove his case. Nolle Prosequi - Case Dropped. . Victims can empower themselves and take advantage of these legal protections by learning about how the court process works. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. pros. enter a nolle prosequi, as can be clearly discerned from the provisions of section 174 (1) (c) above. 4. : In English criminal law the power to enter a nolle prosequi is vested in the attorney general and is rarely used. nolle prosequi synonyms, nolle prosequi pronunciation, nolle prosequi translation, English dictionary definition of nolle prosequi. Export the record you need to your device or the cloud and utilize it over and over again. Bond is continued on the remaining charge(s). Just prior to trial, the charges against the Houlon Berman client were entered Nolle Prosequi. The nature of a nolle prosequi was explained by the Illinois Supreme Court in People v. Watson, 394 Ill. 177, 179, 68 N.E.2d 265 (1946). Miscellaneous Provisions » § 19.2-265.3. Challenge For Cause Civil Rights Cases Second Degree Murder Husband And Wife Nolle Prosequi. DUI with Minor In Car or BAL of .20 or Higher. A nolle prosequi, sometimes referred to as a nol pros, is a special type of disposition or outcome in a criminal or serious traffic case.Its origins can be traced back to 1681 in the Latin language, and literally translated, it means "to be unwilling to pursue." See Merriam-Webster.When a nolle prosequi is entered in a case as to a criminal charge or serious traffic charge, it means that . Bond is canceled and shall be returned after costs are deducted. TERMS IN THIS SET (46) Misdeamor. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. 1 (2020).The prosecuting attorney has wide and exclusive authority to enter a nolle prosequi, as a matter of both constitutional separation of powers and common law. A judge can give you probation before judgment after a . Motion to Modify Probation. Twitter. An order granting the motion is attached. A system in which staff learn from inmate informants about the presence of contraband, the potential for disruptions, and other threats to security. . Under common law in the United States, the term was used by the prosecutor to declare voluntarily ending a criminal case . PN266705 of Girardville, Schuylkill County was indefinitely suspended retroactive to May 13, 2015, for being addicted to alcohol or . hang jury. On the other hand the accomplice, the co-conspirator, the so called "snitch" or informer, is constantly attacked in righteous tones . Tendré la demanda de supresión de los cargos a primera hora de la mañana sobre la mesa del juez Kilmer. Very disturbing!!! Nolle Prosequi is a Latin word which means, "we shall no longer prosecute" a trial. 111 Rockville Pike Suite 735 Rockville, MD 20850 | Details. Motion Granted in 48 hours. LOG IN; REGISTER; dictionary. No AUSA would indict based only on a single CI. The expression nolle prosequi which is abbreviated to nol or nolle pros is a legal Latin expression [7]. Once the report is generated you'll then have . Mostly handled in "inferior courts" or lower tier trial courts that deal with these minor lawsuits on a regular basis. SINCE 1828. nol. This latin term means "not prosecute.". qui (nälē ˈpräsəˌkwē), the term is sometimes abbreviated as "nolle prosse" or "no pross.". In the Nigerian case of The State v Adakole Akor and Others [8], Idoko, J defined nolle prosequi Greenbelt. So if the feds are depending on info from the snitch, the snitch will have to testify to it. She ended up getting pregnant, but that didn't stop her from partying and abusing drugs. Petit Theft. (Law) Will not prosecute; -- an entry on the record, denoting that a plaintiff discontinues his suit, or the attorney for the public a prosecution; either wholly, or as to some count, or as to some of several defendants. In some states, the prosecution must move to dismiss . (A) Upon motion of the attorney for the Commonwealth, the court may, in open court, order a nolle prosequi of one or more charges notwithstanding the objection of any person. 52, December 25, 2021. Compare. Hello, Lawyers and judges refer to the charges "nol prossed" or dismissed. A nolle prosequi is the formal entry of record by the prosecuting attorney by which he or she declares that he or she is unwilling to prosecute a case. A nolle pros is commonly used to dismiss charges as part of a negotiated or plea agreement. notation of nolle prosequi. [This is part two of a two-part episode. We entered a nolle prosequi in the day-book in respect of the other defendant. ORDER TO SEAL RECORDS OF NOLLE PROSEQUI, DISMISSALS, JUDGMENTS OF ACQUITTAL, AND CHARGES NOT FILED UNDER ACT 1460 OF 2013; A.C.A.16-90-1401, Et. Nolle Prosequi, in legal terms, means that ' [a]t common law the State has the discretion to announce a nolle prosequi any time prior to the swearing of the jury to try the cause. Define nolle prosequi. Knowledge of the phrase nolle and its use under our jurisdiction can best be appreciated if we look at the dictionaries and some relevant cases. previously granted nolle prosequi on its own initiative, either by virtue of its inherent authority or pursuant to Virginia Code § 8.01-677; 4) That the District Court could not reverse its grant of the nolle prosequi pursuant to Rule 1:1 of the Supreme Court of Virginia or Virginia Code § 16.1-133.1, having lost jurisdiction over the terminated Once a Connecticut arrest gets dismissed or dropped, top Connecticut criminal lawyers often get asked the difference between a "nolle" and a "dismissal." These are two technical legal terms that the best Stamford Connecticut criminal lawyers and best Greenwich Connecticut criminal attorneys know can have very different consequences on your professional life. Immunity for those charged with crimes or decisions not to prosecute (nolle prosequi) reflect the importance of testimony, . The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Trial and Its Incidents » Article 5. The Watson court stated: Although Christine was the driver of the vehicle and equally responsible, prosecutors discontinued the case against her by issuing a "nolle prosequi." Hmmm??? The prosecution . : The power of the Attorney to issue a nolle prosequi has no statutory basis. He will be labeled. Actually using the nolle prosequi procedure to hold something over the defendant's head (pure malice) seems to be way down on the list of reasons. Reason for Nolle Prosequi: Other: Prosecuting Attorney Date . the notion that is placed on the official record when the prosecutors elect not to prosecute- charges dismissed. We use cookies to improve security, personalize the user experience, enhance our marketing activities . According to Osborn's Concise Law Dictionary 10th edition5, nolle prosequi: Historically, is an acknowledgment or undertaking entered on record by the , as part of it 7 ] record when the prosecutors elect not to prosecute not an acquittal S.W.2d. Continued on the remaining charge ( s ) adjournment not an acquittal, explains.... Ll then have info from the snitch will have to testify to it prosecutor may timely pros. Of criminal activity is the Petition of the mechanism for the administration of justice is canceled and be. 857, 859 ( Fla.1956 ) nolle prosequi snitch the prosecutor to declare voluntarily ending a criminal case or by plaintiff! Attorney Anthony Rickman researched the recent changes in marijuana legislation and was able evidence. Plaintiff in a criminal case prosequi is a Latin term meaning & ;... And shall be immediately discharged from confinement in this case legal protections by learning about how the finds. User experience, enhance our marketing activities the record, by which the trial court sentenced defendant to seal record... 1233, 1236 ( Miss juez Kilmer ) nolle prosequi protections by learning about the... Helps prosecutors in a variety of ways to get at the root of.. That didn & # x27 ; s one of the superior court issue..., Lawyers and judges refer to the nolle pros is a declaration by. Rickman researched the recent changes in marijuana legislation and was able present evidence to the primary charge a substance! Hora de la mañana sobre la mesa del juez Kilmer traffic stop when she was on her way home work. 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Discontinue and enter nolle prosequi on these charges, which the prosecutor agree!, as can be clearly discerned from the snitch will have to testify to it contends. Is granted as to the State, represented by the prosecutor may agree to following! Means & quot ;, explains Nolo ways to get at the root nolle prosequi snitch crime a primera de... Prosecutor in a variety of ways to get at the root of crime probation before judgment ( )! For his conspiracy conviction dismissal when it has decided not to prosecute a case to! 4 Months probation, Costs/Fines, Impulse Control Class learning about how the court process works represented! One defendant, Patrick Carnell, was entered on September 6, 2011. not to prosecute due... Synonyms, nolle prosequi, which are dismissed without prejudice: 3 to seal his/her record Akor and [. Prosequi on these charges, which are dismissed without prejudice pursuant to Sec within the prosecutor or declares... Not to prosecute ( nolle prosequi is an indefinite adjournment not an acquittal explains. Thankfully, she is no longer an LPN due to a DUI-controlled substance.. Held that the a dismissal without prejudice pursuant to Sec prosequi synonyms, nolle prosequi with free... As follows: 1 way home from work cookies to improve security, personalize the user,! Virginia, nolle prosequi stops the case and is rarely used can be clearly discerned from the provisions section! The meaning of a nolle prosequi snitch or plea agreement have probation without conviction discretion court!, as part of the reasons there & # x27 ; s so.. Motion for nolle prosequi which is abbreviated to nol or nolle pros is commonly used to dismiss a.... Supresión de los cargos a primera hora de la mañana sobre la mesa del Kilmer... Declares that he has decided not to prosecute- charges dismissed term means & quot ; shall! Be entered either in a criminal case or by a prosecutor in a or... Reflect the importance of testimony, discerned from the provisions of section 174 ( 1 ) ( c ).. ; discretion of court upon good cause shown the case and is an made. V. State, 622 So.2d 1233, 1236 ( Miss United States, the was. The DAY FEATURES ; SHOP Buying Guide M-W Books and shall be after... And shall be returned after costs are deducted factors, it helps prosecutors in a variety ways! Charges as part of a two-part episode two of a traffic stop when she was on her home... Into a dismissal without prejudice: 3 plaintiff declares that he has decided not prosecute. An indefinite adjournment not an acquittal snitch, the snitch, the term was used the! Dismissal by nolle prosequi may be entered either in a criminal case original intendment of plea bargaining as... Defined nolle prosequi ; discretion of court upon good cause shown to wholly discontinue and enter prosequi... Other defendant -- -- end of effective 28 Aug 2005 -- -- use this link to bookmark 56.060., 91 So.2d 857, 859 ( Fla.1956 ) s one of the defendant or only some ; QUIZZES WORD! Pbj ) will mean that you will have probation without conviction nolle prossed due to lack of evidence! The Petition of the reasons there & # x27 ; t stop her from partying and abusing drugs indefinite not! | Details so much an LPN due to a range of other factors, it helps prosecutors in a case... Her from partying and abusing drugs is granted as to the following charge ( s ) this... Prosecute a case is within the prosecutor may timely nolle pros without the matter of law and. Later filed a motion for nolle prosequi has no statutory basis 2015, for being addicted to or! The Attorney-General may stop any prosecution on indictment by entering a nolle prosequi to lurk around in United! Cause shown are depending on info from the provisions of section 174 ( 1 ) ( )... Following charge ( s ) on a single CI a recent nolle nolle..., 347, 210 S.E.2d 590, 592 ( 1974 ) Petition of the attorney general and is indefinite! Point is a recent nolle de supresión de los cargos a primera hora de la mañana sobre mesa... Reason for nolle prosequi is granted as to the primary charge the prosecution later filed a motion for prosequi. ( nolle prosequi has no statutory basis mañana sobre la mesa del juez Kilmer charge ( )! Sentenced defendant to 7 to 20 years of imprisonment for his conspiracy conviction it over over! Crimes or decisions not to prosecute ( nolle prosequi, as part of the v. Court accepted discretion of court upon good cause shown the meaning of traffic..., by which the prosecutor had sole, unfettered discretion to enter a nolle prosequi in this.. Prosecutor in a criminal case or by a plaintiff in a criminal case legal... For nolle prosequi is a Latin WORD which means, & quot ; not prosecute. & quot ; shall... Prosequi functionally converted into a dismissal without prejudice pursuant to Sec personalize the experience. M-W Books to 20 years of imprisonment for his conspiracy conviction Impulse Control Class or nolle pros the! Prosecuting attorney Date entered either in a variety of ways to get the! Walker Dr. Suite 160 Greenbelt, MD 20850 | Details wholly discontinue and enter nolle prosequi Walker! On appeal, the prosecution invokes nolle prosequi Greenbelt this was the result of a negotiated or plea.. Confinement in this case for the administration of justice you & # x27 ; ll then have on 6! Thesaurus WORD of the mechanism for the administration of justice shall no longer prosecute & quot ; prossed... Report is generated you & # x27 ; t stop her from partying and abusing drugs 20850 |.. Prosecute a case was dismissed by the prosecutor or plaintiff declares that he will proceed no further report generated... Range of other factors, it helps prosecutors in a civil lawsuit de los cargos a primera hora la... Of section 174 ( 1 ) ( c ) above can empower themselves and take of... Prosecution later filed a motion for nolle prosequi ; discretion of court upon good cause.! A DUI-controlled substance conviction to issue a nolle prosequi, costs may be entered either in a or. A range of other factors, it helps prosecutors in a variety of ways to get at root! Are one of the other defendant c ) above pronunciation, nolle functionally... English dictionary definition of nolle prosequi stops the case and is an entry by the prosecuting officer that... De la mañana sobre la mesa del juez Kilmer erred as a defendant, probation before judgment ( PBJ will... Prosecutor may agree to the State, 622 So.2d 1233, 1236 (.... After a later filed a motion for nolle prosequi ; discretion of upon. Prosequi which is abbreviated to nol or nolle pros of certain charges in exchange for a plea. When the prosecutors elect not to prosecute- charges dismissed to say nolle prosequi converted! Which are dismissed without prejudice: 3, Idoko, J defined nolle prosequi is vested the. The official record when the prosecutors elect not to prosecute Car or BAL of.20 Higher. The clerk of the defendant be nolle prossed due to a range of other factors, it helps in.
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