Plea Of Guilty-No Contest-Felony (Print On Blue-Colored Paper) {CRM-012}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO PEOPLE vs Defendant For Court Use Only PLEA OF GUILTY/NO CONTEST ­ FELONY Court Number: DA Number: I, the defendant in the above-entitled case, in support of my plea of Guilty/No Contest, personally declare as follows: 1. Of those charges now filed against me in this case, I plead offenses and admit the enhancements, allegations and prior convictions as follows: CHARGE to the following COUNT ENHANCEMENT/ALLEGATION PRIORS: (LIST ALLEGATION SECTION, CONVICTION DATE, COUNTY, CASE NUMBER, AND CHARGE) 2. I have not been induced to enter this plea by any promise or representation of any kind, except: (State any agreement with the District Attorney.) 3. 4. 5. I am entering my plea freely and voluntarily, without fear or threat to me or anyone closely related to me. I understand that a plea of No Contest is the same as a plea of Guilty for all purposes. I am sober and my judgment is not impaired. I have not consumed any drug, alcohol or narcotic within the past 24 hours. CONSTITUTIONAL RIGHTS 6a. I understand that I have the right to be represented by a lawyer at all stages of the proceedings. I can hire my own lawyer or the Court will appoint a lawyer for me if I cannot afford one. I understand that as to all charges, allegations and prior convictions filed against me, and as to any facts that may be used to increase my sentence, now or in the future, I also have the following constitutional rights, which I now give up to enter my plea of guilty/no contest: 6b. I have the right to a speedy and public trial by jury. I now give up this right. 6c. I have the right to confront and cross-examine all the witnesses against me. I now give up this right. 6d. I have the right to remain silent (unless I choose to testify on my own behalf). I now give up this right. 6e. 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. SDSC CRM-012 (Rev. 9/11) PLEA OF GUILTY/NO CONTEST - FELONY American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 4 Defendant: CASE NUMBER: CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 7a. I understand that I may receive this maximum punishment as a result of my plea: ______ years imprisonment or imprisonment plus a term of mandatory supervision; $ ___________ fine; and ______ years parole or post-release community supervision, with return to custody for every violation of a condition thereof. If I am not sentenced to imprisonment, I may be granted probation for a period up to 5 years or the maximum term of imprisonment, whichever is greater. As conditions of probation I may be given up to a year in jail custody, plus the fine, and any other conditions deemed reasonable by the Court. I understand that if I violate any condition of probation I can be sentenced to imprisonment for the maximum term as stated above. 7b. I understand that I must pay a restitution fine ($200 - $10,000), that I will also be subject to a suspended fine in the same amount, and that I must pay full restitution to all victims. 7c. I understand that my conviction in this case will be a serious/violent felony ("strike") resulting in mandatory denial of probation, substantially increased penalties, and a term in State Prison in any future felony case. 7d. 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 an "Aggravated Felony" listed on the back of this form, then I will be deported, excluded from admission to the U.S., and denied naturalization. 7e. I understand that my plea of Guilty or No Contest in this case could result in revocation of my probation, mandatory supervision, parole or post-release supervision in other cases, and consecutive sentences. 7f. My attorney has explained to me that other possible consequences of this plea may be: (Circle applicable consequences.) (1) (2) (3) (4) (5) (6) (7) (8) Consecutive sentences Loss of driving privileges Commitment to Youth Authority Lifetime registration as an arson / sex offender Registration as a narcotic / gang offender Cannot possess firearms or ammunition Blood test and saliva sample Priorable (increased punishment for future offenses) Prison prior Mandatory imprisonment Mandatory State Prison Presumptive imprisonment Presumptive State Prison Sexually Violent Predator Law (15) Possible/Mandatory hormone suppression treatment (16) Reduced conduct/work credits (9) (10) (11) (12) (13) (14) a. Limited local credits (290/serious/prior) b. Violent Felony (No credit or max. 15%) c. Prior Strike(s) (No credit to max. 20%) d. Murder on/after 6/3/98 (No credit) (17) Loss of public assistance (18) AIDS education program (19) Other:__________________ ___________________________ 8. 9. (Appeal Rights) I give up my right to appeal the following: 1) denial of my 1538.5 motion, 2) issues related to strike priors (under PC sections 667(b)-(i) and 1170.12), and 3) any sentence stipulated herein. (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. 10. (Blakely waiver) I understand that as to any fact in aggravation that may be used to increase my sentence on any count or allegation to the upper or maximum term provided by law, I have the constitutional rights listed in paragraphs 6b-6e. I now give up those rights and agree that the sentencing judge may determine the existence or non-existence of any fact in aggravation, either at the initial sentencing or at any future sentencing in the event my probation is revoked. 11. (Cruz Waiver) Negotiated Disposition pursuant to PC 1192.5: I understand that if pending sentencing I am arrested for or commit another crime, violate any condition of my release, or willfully fail to appear for my probation interview or my sentencing hearing, the sentence portion of this agreement will be cancelled. I will be sentenced unconditionally, and I will not be allowed to withdraw my guilty/no contest plea(s). 12. (Arbuckle Waiver) I give up my right to be sentenced by the judge who accepts this plea. 13. (Probation Report) I give up my right to a full probation report before sentencing. SDSC CRM-012 (Rev. 9/11) PLEA OF GUILTY/NO CONTES