Waiver Of Jury Trial On Aggravating Factors {CR 04.0750}

SUPERIOR COURT OF WASHINGTON COUNTY OF STATE OF WASHINGTON, Plaintiff, vs. No. WAIVER OF JURY TRIAL ON AGGRAVATING FACTORS (WVJTAG) ______________________________________, Defendant. SID: If no SID, use DOB: The undersigned states that: 1. I have been charged with the following crime(s), which has/have the following standard sentencing range(s): _____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. I have been informed and fully understand that the prosecuting attorney is seeking sentence(s) above the standard sentencing range(s) and that the exceptional sentence(s) could be up to the maximum term(s) allowed by law of ______________________________________________ ____________________________________________________________________________. I am informed and I fully understand that the prosecuting attorney alleges that the following aggravating circumstances support exceptional sentence(s) in my case: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________; and that the factual basis for the aggravating circumstances is/are (check all that apply): (a) (b) Document(s) _____________________________________________________ (list here); Recitation of facts presented by the prosecuting attorney at the guilty plea hearing; 2. 3. (c) Evidence to be presented at hearing, to wit: ____________________________________ _______________________________________________________________________________ . WAIVER OF JURY TRIAL ON AGGRAVATING FACTORS (WVJTAG) Page 1 of 2 WPF CR 04.0750 (6/2005) 2005 Wash. Law, 68 § 4(2) American LegalNet, Inc. www.USCourtForms.com 4. I have been informed and fully understand that I have a right to have the facts supporting aggravating circumstances proved beyond a reasonable doubt to a jury and that the jury's verdict must be unanimous and by special interrogatory. I have been informed and fully understand that in a jury trial I have the following rights: (a) (b) (c) (d) The right to remain silent before and during trial, and the right to refuse to testify against myself; The right at trial to hear and question the witnesses who testify against me; 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; The right to appeal the jury's verdict. 5. 6. I freely and voluntarily waive my right to a jury trial on aggravating circumstances. No one has threatened harm of any kind to me or to any other person and no one has made promises of any kind to cause me to make this waiver. The court without a jury will consider the factual basis of the aggravating circumstances listed in paragraph 3. The court will decide whether the facts provide substantial and compelling reasons to order exceptional sentence(s) above the standard sentencing range. 7. Dated: __________________________________ Defendant I have read and discussed this Waiver of Jury Trial on Aggravating Circumstances with the defendant and believe that the defendant is competent and fully understands the waiver. Prosecuting Attorney Print Name WSBA No. Defendant's Lawyer Print Name WSBA No. The foregoing waiver was read by or to the defendant and was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. I find the defendant's waiver of Jury Trial on Aggravating Circumstances to be knowingly, intelligently and voluntarily made. Dated: Judge WAIVER OF JURY TRIAL ON AGGRAVATING FACTORS (WVJTAG) Page 2 of 2 WPF CR 04.0750 (6/2005) 2005 Wash. Law, 68 § 4(2) American LegalNet, Inc. www.USCourtForms.com