Misdemeanor Entry Of Plea (PC 273.5 Or 234(e)) {CM04038}

SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET, SUITE 200 MARYSVILLE, CA 95901 (530) 749-7600 THE PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: MISDEMEANOR ENTRY OF PLEA ­ PC § 273.5(a), 243(e) I, THE ABOVE-NAMED DEFENDANT, hereby offer to: _______ Enter a plea of the Complaint. GUILTY NOLO CONTENDERE to the violation of PC § 273.5(a) or 243(e) as set forth in CASE NUMBER: I understand that by initialing each of the following Rights, I am expressly waiving each and every Right in relation to the present charge(s) against me, as well as the alleged and admitted prior conviction(s): _______ 1. The Right to be represented by an attorney; if I am unable to hire my own attorney, the Court will appoint an attorney to represent me. _______ 2. The Right to a speedy and public court or jury trial. _______ 3. The Right to confront adverse witnesses, that is, to see, hear and question all witnesses against me. _______ 4. The Right to subpoena witnesses to testify on my behalf at no cost to me. _______ 5. The Right to remain silent, that is, not to be compelled to plead guilty/no contest or testify against myself. I UNDERSTAND THAT THE CONSEQUENCES OF MY PLEA ARE: ______ 1. ______ 2. ______ 3. For a violation of PC § 273.5(a), the maximum penalties are a sentence of 1 year in the county jail and/or a fine of $22,800 (including penalty assessments and fees), or both. For a violation of PC § 243(e), the maximum penalties are a sentence of 1 year in the county jail and/or a fine of $7,600 (including penalty assessments and fees), or both. If probation is granted, the Court shall impose conditions specified for crimes of domestic violence under PC § 1203.097: ______ A. ______ B. The minimum period of probation is 36 months. The Court must impose a criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. I must be booked within 1 week of sentencing if I have not already been booked. I will be required to pay a $500 Domestic Violence Fine. I will be required to pay a $250 Board of Supervisor Fine pursuant to Penal Code § 1463.27. I will be required to participate in, pay for, and successfully complete a batterer's treatment program meeting weekly for a period not less than 52 weeks. In addition to any other sentence, I will be required to perform community service as determined by the Court. In lieu of a fine, I may be required to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the Court finds are the direct result of this offense. In lieu of a fine, I may be required to make payments to a battered women's shelter, up to a maximum of $5,000 (PC § 1203.097(a)(11)(A) and (B)). ______ C. ______ D. ______ E. ______ F. ______ G. ______ H. ______ I. ______ 4. ______ 5. I shall not possess a firearm or ammunition for 10 years. If probation is granted and I have sustained a prior conviction for PC §§ 273.5(a), 243(d), 243(e), 243.4, 244, 244.5 or 245 within the previous 7 years, I must serve a mandatory minimum sentence of 15 days. If I have sustained 2 or more prior convictions within the previous 7 years, I must serve a mandatory minimum sentence of 60 days, unless the Court finds good cause and states on the record its reasons for finding good cause. If I am convicted of a violation of PC § 273.5(e) for acts occurring within 7 years of a previous conviction of PC §§ 273.5(a), 243(d), 243.4, 244, 244.5, or 245, I shall be punished by imprisonment in the county jail for not more than 1 year, or by imprisonment in the state prison for 2, 4, or 5 years, or by both imprisonment and a fine of up to $38,000 (including penalty assessments and fees). MISDEMEANOR ENTRY OF PLEA PC § 273.5 or 243(e) American LegalNet, Inc. www.FormsWorkFlow.com ______ 6. Yuba County Superior Court Effective 8/19/05; Rev. 7/19/16 CM04038 Page 1 of 2 People vs. Case No. ______ 7. If I am convicted of a violation of PC § 273.5(e) for acts occurring within 7 years of a previous conviction of PC § 243(e), I shall be punished by imprisonment in the state prison for 2, 3, or 4 years, or in the county jail for not more than 1 year, or by a fine of up to $38,000 (including penalty assessments and fees), or by both imprisonment and fine. If I am convicted of a felony under either 6 or 7 above, a restitution fine of between $300 and $10,000 will be imposed. In compliance with PC § 296, for a felony conviction, I must provide blood and saliva samples and palm prints for the state DNA databank. If I serve state prison time, it will constitute a 1-year prison prior pursuant to PC § 667.5, if alleged and proved. If I am not a citizen, a plea of GUILTY or NOLO CONTENDERE could result in my deportation or exclusion from admission to this Country or denial of naturalization or amnesty. A plea to this charge may result in a violation of probation and the proper court(s) will be notified of my plea. I understand that I may be ordered to make restitution to the victim, if the offense involved a victim, or to the state restitution fund in an amount between $150 and $10,000 depending upon the offense (PC § 1202.4), and that I may also be ordered to pay the expense incurred by any agencies that responded to this incident. I must also pay a mandatory $40 court security fee and $30 ICNFA assessment (SB 1407). There have been no other representations or promises made to me other than what is stated on this form. If the Court accepts this offered plea/plea bargain, no penalty more severe than that set forth in this Entry of Plea will be imposed. I further understand that the Court may refuse to accept the offered plea/plea bargain and that if the Court so refuses, a NOT GUILTY plea will be reinstated and the offered plea/plea bargain shall not be used as an admission against me during the trial of this case. ______ 8. ______ 9. ______ 10. ______ 11. ______ 12. I, THE DEFENDANT NAMED ABOVE, EXPRESSLY REPRESENT I HAVE READ AND I UNDERSTAND ALL OF THE FOREGOING AND FREELY, VOLUNTARILY AND EXPRESSLY WAIVE ALL THE INITIALED RIGHTS AND UNDERSTAND FULLY THE CONSEQUENCES OF MY PLEA. Date: Defendant's Signature I, the undersigned counsel for Defendant, expressly represent that I have discussed all of the Constitutional Rights, possible defenses and consequences connected with the entry of plea with the Defendant, and concur in the waiver of all enumerate