Statement Of Defendant On Plea Of Guilty To Sex Offense {CrR 4.2(g)}

Statement on Plea of Guilty to Sex Offense (STTDFG) - Page 1 of 11 CrR 4.2(g) (03/2018) Superior Court of Washington for State of Washington , Plaintiff v. . Defendant No. Statement of Defendant on Plea of Guilty to Sex Offense (Felony) (STTDFG) 1. My true name is: . 2. My age is: . 3. The last level of education I completed was: . 4. I Have Been Informed and Fully Understand That: (a) I have the right to representation by a lawyer and if I cannot afford to pay for a lawyer, one will be provided at no expense to me. (b) I am charged with: . The elements are: . 5. I Understand I Have the Following Important Rights, and I Give Them Up by Pleading Guilty: (a) The right to a speedy and public trial by an impartial jury in the county where the crime was allegedly committed; (b) The right to remain silent before and during trial, and the right to refuse to testify against myself; (c) The right at trial to hear and question the witnesses who testify against me; American LegalNet, Inc. www.FormsWorkFlow.com Statement on Plea of Guilty to Sex Offense (STTDFG) - Page 2 of 11 CrR 4.2(g) (03/2018) (d) The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me; (e) The right to be presumed innocent unless the State proves the charge beyond a reasonable doubt or I enter a plea of guilty; (f) The right to appeal a finding of guilt after a trial. 6. In Considering the Consequences of My Guilty Plea, I Understand That: (a) My right to appeal is limited. (b) Each crime with which I am charged carries a maximum sentence, a fine, and a Standard Sentence Range as follows: COUNT NO. OFFENDER SCORE STANDARD RANGE ACTUAL CONFINEMENT (not including enhancements) PLUS Enhancements* COMMUNITY CUSTODY MAXIMUM TERM AND FINE 1 2 3 *The sentencing enhancement codes are: (RPh) Robbery of a pharmacy, (CSG) Criminal street gang involving minor, (AE) Endangerment while attempting to elude. The following enhancements will run consecutively to all other parts of my entire sentence, including other enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (SM) Sexual Motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW 9.94A.533(9), (P16) Passenger(s) under age 16. (c) The standard sentence range is based on the crime charged and my criminal history. Criminal history includes prior convictions and juvenile adjudications or convictions, whether in this state, in federal court, or elsewhere. (d) The prosecuting attorney's statement of my criminal history is attached to this agreement. Unless I have attached a different statement, I agree that the prosecuting attorney's statement is correct and complete. If I have attached my own statement, I assert that it is correct and complete. If I am convicted of any additional crimes between now and the time I am sentenced, I am obligated to tell the sentencing judge about those convictions. (e) If I committed the above crime(s) while under age 18 and am sentenced to more than 20 years of confinement: (i) As long as my conviction is not for aggravated first degree murder or certain sex crimes, and I have not been convicted of any crime committed after I turned 18 or committed a major disqualifying serious infraction as defined by DOC in the 12 months before the petition is filed, I may petition the Indeterminate Sentence Review Board (Board) for early release after I have served 20 years. (ii) If I am released early because my petition was granted or by other action of the Board, I will be subject to community custody under the supervision of the DOC American LegalNet, Inc. www.FormsWorkFlow.com Statement on Plea of Guilty to Sex Offense (STTDFG) - Page 3 of 11 CrR 4.2(g) (03/2018) for a period of time determined by the Board, up to the length of the court-imposed term of incarceration. I will be required to comply with any conditions imposed by the Board. (iii) If I violate the conditions of community custody, the Board may return me to confinement for up to the remainder of the court-imposed term of incarceration. (f) If I committed aggravated murder in the first degree and I was under the age of 18 at the time of the offense: (i) If I was under the age of 16 at the time of the offense, the judge will impose a maximum term of life and impose a minimum term of total confinement of 25 years for that crime. (ii) If I was at least 16 but less than 18 years old at the time of the offense, the judge will impose a maximum term of life and will impose a minimum term of total confinement that is at least 25 years and may be as long as life without the possibility of parole or early release for that crime. (iii) During the minimum term, I will not be eligible for earned early release time, home detention, partial confinement, work release, or any form of early release. (iv) After the minimum term, if I am released by the Sentence Review Board (Board), I will be subject to community custody under the supervision of the DOC for a period of time determined by the board, and must comply with conditions imposed. (v) If I violate the conditions of community custody, the Board may return me to confinement. (g) If I am convicted of any new crimes before sentencing, or if any additional criminal history is discovered, both the standard sentence range and the prosecuting attorney's recommendation may increase. Even so, my plea of guilty to this charge is binding on me. I cannot change my mind if additional criminal history is discovered even though the standard sentencing range and the prosecuting attorney's recommendation increase or a mandatory sentence of life imprisonment without the possibility of parole is required by law. (h) In addition to sentencing me to confinement, the judge will order me to pay $500.00 as a victim's compensation fund assessment and any mandatory fines, fees, assessments, or penalties that apply to my case. If this crime resulted in injury to any person or damage to or loss of property, the judge will order me to make restitution, unless extraordinary circumstances exist which make restitution inappropriate. The amount of restitution may be up to double my gain or double the victim222s loss. The judge may also order that I pay a fine, court costs, attorney fees, and the costs of incarceration. (i) For sex offenses committed prior to September 1, 2001: In addition to sentencing me to confinement, the judge may order me to serve up to one year of community custody if the total period of confinement ordered is not more than 12 months. If the period of confinement is over one year, the judge will sentence me to community custody for 36 months. During the period of community custody to which I am sentenced, I will be under the supervision of the Department of Corrections, and I will have restrictions and American LegalNet, Inc. www.FormsWorkFlow.com Statement on Plea of Guilty to Sex Offense (STTDFG) - Page 4 of 11 CrR 4.2(g) (03/2018) requirements placed upon me. For sex offenses committed on or after September 1, 2001: (i) Sentencing under RCW 9.94A.507: If this offense is any of the offenses listed in subsections (aa) or (bb), below, the judge will impose a maximum term of confinement consisting of the statutory maximum sentence of the offense and a minimum term of confinement either within the standard range for the offense or outside the standard range if an exceptional sentence is appropriate. The minimum term of confinement that is imposed may be increased by the Indeterminate Sentence Review Board if the Board determines by a preponderance of the evidence that it is more likely than not that I will commit sex offenses if released from custody. In addition to the period of confinement, I will be sentenced to community custody for any period of time I am released from total confinement before the expiration of the maximum sentence. During the period of community custody I will be under the supervision of the Department of Corrections and I will have restrictions and requirements placed upon me, which may include electronic monitoring, and I may be required to participate in rehabilitative programs. (aa) If the current offe