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Uniform Plea Of Guilty Summary Of Facts 13.10 - Oklahoma
| Uniform Plea Of Guilty Summary Of Facts Form. This is a Oklahoma form and can be used in Criminal Appeals Statewide . |
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OCCAOnline Rules of the Court of Criminal Appeals Form 13.10 Uniform Plea of Guilty - Summary of Facts IN THE DISTRICT COURT OF THE STATE OF OKLAHOMA STATE OF OKLAHOMA, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) COUNTY Case No. _ _ Defendant [NOTE: The trial judge shall ensure the defendant is sworn either prior to completing the Summary of Facts or prior to inquiry by the Court on the Plea. If the defendant is entering a nolo contendere, or other type guilty plea, correct by pen change where term "guilty" used.] SS# D.O.B. _ _ _ (Home Address) PLEA OF GUILTY SUMMARY OF FACTS Part A: Findings of Fact, Acceptance of Plea CIRCLE 1. Is the name just read to you your true name? If no, what is your correct name? I have also been known by the name(s): Yes No _ _ _ 2. 3. My lawyer's name is: (a) Do you wish to have a record made of these proceedings by a Court Reporter? (b) Do you wish to waive this right? _ Yes No Yes No American LegalNet, Inc. www.FormsWorkFlow.com 4. 5. Age: Grade completed in school: _ Yes No Can you read and understand this form? (If the answer above is no, Addendum A is to be completed and attached.) Are you currently taking any medications or substances which affect your ability to understand these proceedings? Have you been prescribed any medication that you should be taking, but you are not taking? If so, what kind and for what purpose? _ 6. Yes No 7. Yes No _ 8. Have you ever been treated by a doctor or health professional for mental illness or confined in a hospital for mental illness? If yes, list the doctor or health professional, place, and when occurred: Yes No _ _ 9. 10. 11. Do you understand the nature and consequences of this proceeding? Have you received a copy of the Information and read its allegations? Does the State move to dismiss or amend any case(s) or count(s) in the information or on page 2 of the information? If so, set forth the cases/counts dismissed or amended. A. Do you understand you are charged with: Crime Statutory Reference (1) (2) (3) (4) O.S. O.S. O.S. O.S. Yes Yes Yes No No No 12. _ _ _ _ Yes Yes Yes Yes No No No No For additional charges: List any additional charges on a separate sheet and label as PLEA OF GUILTY ADDENDUM B. B. Are you charged after former conviction of a felony? If yes, list the felony(ies) charged: Yes No _ _ _ American LegalNet, Inc. www.FormsWorkFlow.com 13. Have you previously been convicted of a felony? If so, when, where and for what felony/felonies? _ _ _ 14. ____ (Check if applicable) Do you understand you are subject to the Delayed Sentencing Program for Young Adults and what that sentencing program involves? (Check if applicable) Do you understand that upon a conviction on a plea of guilty to the offense(s) of you will be required to serve a minimum sentence of: 85% of the sentence of imprisonment imposed before being eligible for parole consideration and are not eligible for earned or other type of credits which will have the effect of reducing the length of sentence to less than 85% of the sentence imposed? % of the sentence of imprisonment imposed or received prior to becoming eligible for state correctional earned credits toward completion of your sentence or eligibility for parole? (Check if applicable) Do you understand that a conviction on a plea of guilty to the offense(s) of will subject you to mandatory compliance with the Oklahoma Sex Offender Registration Act? Yes No Yes No Yes No Yes No Yes No 15. What is/are the charge(s) to which the defendant is/are entering a plea today? _ _ _ 16. (1) (2) (3) (4) Do you understand the range of punishment for the crime(s) is/are: (List in same order as in No. 15 above)? Minimum of Minimum of Minimum of Minimum of to a maximum of to a maximum of to a maximum of to a maximum of and/or a fine of $ and/or a fine of $ and/or a fine of $ and/or a fine of $ _ _ _ _ Yes Yes Yes Yes No No No No American LegalNet, Inc. www.FormsWorkFlow.com 17. Read the following statements: You have the right to a speedy trial before a jury for the determination of whether you are guilty or not guilty and if you request, to determine sentence. (If pleading to capital murder, advise of procedure in 21 O.S. ' 701.10(B)). At the trial: (1) You have the right to have a lawyer represent you, either one you hire yourself or if you are indigent a court appointed attorney. (2) You are presumed to be innocent of the charges. (3) You may remain silent or, if you choose, you may testify on your own behalf. (4) You have the right to see and hear all witnesses called to testify against you and the right to cross-examine them. (5) You may have your witnesses ordered to appear in court to testify and present evidence of any defense you have to these charges. (6) The state is required to prove your guilt beyond a reasonable doubt. (7) The verdict of guilty or not guilty decided by a jury must be unanimous. However, you can waive a jury trial and, if all parties agree, the case could be tried by a Judge alone who would decide if you were guilty or not guilty and if guilty, the appropriate punishment. Do you understand each of these rights? Yes Yes Yes No No No 18. 19. Do you understand by entering a plea of guilty you give up these rights? Do you understand that a conviction on a plea of guilty could increase punishment in any future case committed after this plea? Have you talked over the charge(s) with your lawyer, advised him/her regarding any defense you may have to the charges and had his/her advice? Do you believe your lawyer has effectively assisted you in this case and are you satisfied with his/her advice? Do you wish to change your plea of not guilty to guilty and give up your right to a jury trial and all other previously explained constitutional rights? Is there a plea agreement? What is your understanding of the plea agreement? 20. Yes No 21. Yes No 22. Yes No 23. Yes No _ _ _ 24. Do you understand the Court is not bound by any agreement or recommendation and if the Court does not accept the plea agreement, you have the right to withdraw your plea of guilty? Do you understand that if there is no plea agreement the Court can sentence you within the range of punishment stated in question 16? Yes No 25. Yes No American LegalNet, Inc. www.FormsWorkFlow.com 26. Do you understand your plea of guilty to the charge(s) is/are after: (check one) ( ) no prior felony convictions ( ) one (1) prior felony conviction ( ) two (2) or more prior felony convictions List prior felony convictions t
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