Plea Of Guilty-No Contest-Misdemeanor (Print On Goldenrod-Colored Paper) {CRM-126}

FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO PEOPLE vs. Defendant Case # PLEA OF GUILTY/NO CONTEST - MISDEMEANOR DA/CA/ # INSTRUCTIONS: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. I, the defendant in the above-entitled case, personally and/or by my attorney, declare as follows: 1. Of those charges now filed against me in this case, I plead GUILTY/NO CONTEST to the following offenses and admit the enhancements, allegations, and prior convictions as follows: COUNT CHARGE ENHANCEMENT/ALLEGATION 1. PRIORS: (LIST ALLEGATION SECTION, CONVICTION DATE, CASE NUMBER AND CHARGE) 2. I have not been induced to enter the above plea by any promise or representation of any kind, except: (State any agreement with the prosecutor.) 2. 3. I am entering a plea freely and voluntarily, without threat or fear to me or anyone closely related to me. 4. I understand that a plea of No Contest is the same as a plea of Guilty for all purposes. 5. I am sober and my judgment is not impaired. I have not consumed any drug, alcohol or narcotic within the past 24 hours. RIGHT TO AN ATTORNEY 6. I understand that I have the Constitutional right to be represented by an attorney at all stages of the proceedings including sentencing. I can hire my own attorney or the court will appoint an attorney for me if I cannot afford one. I understand the dangers and disadvantages of representing myself and that it is usually unwise to represent myself. 6a. I understand that I have the right to be present in court to enter my plea and for sentencing. I expressly authorize my attorney to enter this plea on my behalf, in my absence. I expressly authorize my attorney to appear for me at sentencing. 6b. I give up the right to an attorney and wish to represent myself. CONSTITUTIONAL RIGHTS I understand that as to all charges, allegations and prior convictions filed against me I also have the following constitutional rights, which I now give up to enter my plea of guilty/no contest: 7. I have the right to a speedy and public trial by jury. I now give up this right. 3. 4. 5. 6. 6a. 6b. 7. SDSC CRM-126 (Rev. 10/15) Mandatory Form PLEA OF GUILTY/NO CONTEST ­ MISDEMEANOR Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Defendant: Case # 8. I have the right to confront and cross-examine all the witnesses against me. I now give up this right. 9. I have the right to remain silent (unless I choose to testify on my own behalf). I now give up this right. 10. I have the right to present evidence in my behalf and to have the court subpoena my witnesses at no cost to me. I now give up this right. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 11. I understand the possible consequences of entering a plea of Guilty/No Contest include a maximum sentence of up to ___________ months/year(s) in jail and fine(s) of up to ____________ plus additional consequences specified in any attached addendum, and any other reasonable conditions of probation, which could be for a maximum of 3/5 years. 12. My attorney has explained to me that other possible consequences of this plea may be (circle appropriate consequences): (a) lifetime registration as a sex offender; (b) registration as a narcotics offender; (c) limited local custody credits (290/serious/prior); (d) qualified for sentencing under PC § 1170(h)(3) in future cases. 13. I understand that in addition to any fine imposed, the law requires the court to add penalty assessments which will substantially increase the amount I must pay. In addition, I understand that I may be ordered to make restitution to the victim, if the offense involved a victim, or to a restitution fund. I understand that I shall be ordered to pay a mandatory restitution fine and a probation revocation restitution fine of the same amount if probation is revoked and not reinstated. I understand I must file a revised financial declaration if there is any balance unpaid on a restitution order or fine 120 days prior to release from probation. 14. I understand that I may not be sentenced earlier than six (6) hours, nor later than five (5) days after my plea. I give up this right and agree to be sentenced at this time. 15. I understand that if I am not a U.S. citizen, this plea of Guilty/No Contest may result in my removal/ deportation, exclusion from admission to the U.S. and denial of naturalization. Additionally, if this plea is to any offense listed on the back of this form, then I will be deported, excluded from admission to the U.S., and denied naturalization. 16. I understand that my plea of Guilty/No Contest in this case could result in revocation of my probation, mandatory supervision, post-release supervision, or parole in other cases and consecutive sentences. OTHER WAIVERS 17. (Appeal rights) I give up my right to appeal the following: (a) denial of my 1538.5 motion, (b) issues related to strikes priors (under PC sections 667(b)-(i) and 1170.2); and (c) any sentence stipulated herein. 18. (Harvey Waiver) The sentencing judge may consider my prior criminal history and the entire factual background of the case, including any unfiled, dismissed, or stricken charges or allegations or cases when granting probation, ordering restitution, or imposing sentence. 19. (Arbuckle Waiver) I give up my right to be sentenced by the judge who accepts this plea. 20. (Evidence Disposal Waiver) I give up my interest in all non-biological property/evidence impounded during the investigation of this case except __________________________ and acknowledge that if I listed any property here, I must also file a claim with the impounding agency within 60 days after pronouncement of judgment or my ability to make a claim will expire. PLEAS 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. I now plead Guilty/No Contest and admit the charges, convictions, and violations of probation described in paragraph #1, above, because I am guilty. I admit that on the dates charged, I (Describe facts as to each charge and allegation) SDSC CRM-126 (Rev. 10/15) Mandatory Form PLEA OF GUILTY/NO CONTEST ­ MISDEMEANOR American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 4 Defendant: Case # I further agree that a duly appointed Commissioner or Temporary Judge may act as a Judge, accept this plea, impose sentence,