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Explanation Of Rights And Plea Of Guilty (Habitual Offender) CR-52 - Alabama
| Explanation Of Rights And Plea Of Guilty (Habitual Offender) Form. This is a Alabama form and can be used in CR-Series (Criminal) Statewide . |
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State of Alabama Unified Judicial System Form CR-52(front) Rev. 10/2012 EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Habitual Felony Offender Circuit or District Court) (FOR OFFENSES COMMITTED ON OR AFTER JUNE 1, 2006) Case Number Count (count #, If Applicable) IN THE__________________________________ (Circuit or District) COURT OF_______________________________________ , (Name of County) ALABAMA STATE OF ALABAMA v. _________________________________________________________________________________ Defendant TO THE ABOVE-NAMED DEFENDANT: The Court having been informed that you wish to enter a plea of guilty in this case, hereby informs you of your rights as a criminal defendant. PENALTIES APPLICABLE TO YOUR CASE You are Charged with the crime of _______________________________________________, which is Class _______ Felony. The court has been this offense or to the crime of ________________________________________ which is informed that you desire to enter a plea of guilty to a _______ Felony. The sentencing range of the above crime(s) is set out below: FELONY Class A Class B Class C Not less than ten (10) years and not more than ninety-nine(99) years imprisonment or life imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $60,0000. Not less than two (2) years and not more than twenty (20) years imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $30,000. For imprisonment not more than 3 years, confinement may be in county jail and sentence may include hard labor for county. Not less than one (1) year and one (1) day and not more than ten (10) years imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $15,000.For imprisonment not more than 3 years, confinement may be in county jail and sentence may include hard labor. As a reported habitual offender, you are further advised that the Alabama Habitual Offender Act, Section 13A-5-9, Ala. Code 1975, as amended by Act 2000-759, provides the following enhanced punishment for anyone who has been previously convicted of one or more felonies and who then is convicted of a subsequence felony: Prior Felonies No One Two Three + This offense Prior Felonies Prior Felony Prior Felonies Prior Felonies Class C Felony 1 Yr. & 1 Day 10 Years In State Penitentiary Fine Up To $15,000 2 20 Years In State Penitentiary Fine Up TO $30,000 10 99 Years or Life In State Penitentiary Fine Up To $60,000 10 99 Years or Life In State Penitentiary Fine Up To $60,000 2 20 Years In State Penitentiary Fine UP To $30,000 10 99 Years Or Life In State Penitentiary Fine Up To $60,000 15 99 Years or Life In State Penitentiary Fine Up To $60,000 15 99 Years or Life In State Penitentiary Fine Up To $60,000 10 99 Years In State Penitentiary Fine UP To $60,000 15 99 Years or Life In State Penitentiary Fine Up To $60,000 Life imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $60,000 Life Imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $60,000 15 99 Years or Life In State Penitentiary Fine Up To $60,000 Mandatory Life Imprisonment or any term of not less than 20 years, Fine Up To $60,000 Mandatory Imprisonment For Life or Life Imprisonment Without Possibility of Parole, Fine Up To $60,000 Mandatory Imprisonment For Life Without Possibility of Parole Fine Up To $60,000 Class B Felony Class A Felony (No prior convictions for any Class A Felony) Class A Felony (One or more prior convictions for any Class A Felony) Multiple Sentences. If you face multiple sentences for multiple crimes, the court may order your sentence for the above crime to run consecutively to or concurrently with the other sentence or sentences. Costs & Crime Victim's Assessment: You will also be ordered to pay the costs of court, which may include the fees of any appointed attorney, fines, fees, assessments, and restitution if there is any. You will also be ordered to pay an additional monetary penalty for the use and benefit of the Alabama Crime Victims Compensation Commission of not less than $50 and not more than $10,000 for each felony and not less than $25 and not more than $1,000 for each misdemeanor for which you are convicted. This crime is also subject to the following enhancements or additional penalties as provided by law: (Provisions Checked Apply To Your Case) Enhanced Punishment For Use Of Firearm Or Deadly Weapon: Sections 13A-5-6 (a) (4) and (a) (5), Ala. Code 1975, provide for the enhancement of a punishment for a Class A, B, or C, felony in which a "firearm or deadly weapon was used or attempted to be used in the commission of the felony." This section provides for the following punishments in such events: For the commission of a Class A Felony, a term of imprisonment of not less than 20 years; For the commission of a Class B or C Felony, a term of imprisonment of not less than 10 years. Enhanced Punishment for a Felony Criminal Sex Offense Involving a Child: Sections 13A-5-6 (a) (4) and (a) (5), Ala. Code 1975, provide for the enhancement of a punishment for a Class A or B felony criminal sex offense involving a child under the age of 12 or involving child pornography. These Sections provide for the following punishment in such events: For a Class A felony criminal sex offense, not less then 20 years; For a Class B felony sex offense, not less than 10 years. Enhanced Punishment for Drug Sale Near School: Section 13A-12-250, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public or private school, college, university or other educational institution, must be punished by an additional penalty of five years' imprisonment for each violation. Enhanced Punishment for Drug Sale Near Housing Project: Section 13A-12-270, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public housing project owned by a housing authority must be punished by an ' additional penalty of five years imprisonment in a state correctional facility for each violation. Enhanced Punishment For Sales Of Controlled Substance To One Under the age of 18: Section 13A-12-215, Ala. Code 1975, provides that anyone convicted of selling, furnishing or giving away a controlled substance to one who has not yet attained the age of 18 years, shall be guilty of a Class A Felony an
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