Plea And Waiver (Felony) {CR-017}

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF EL DORADO People of the State of California Plaintiff vs Case No.: PLEA AND WAIVER (FELONY) Defendant TO THE DEFENDANT: Please read each statement carefully. If you agree with the statement, place your initials in the blank space to the left of each numbered statement. If an alternative is given in the statement (e.g., guilty/nolo contendere, do/do not) please strike out the choice which does not apply to you. Defendant's Initials. _____ 1. _____ 2. _____ 3. _____ 4. _____ 5. _____ 6. _____ 7. _____ 8. My true full name is _________________________________________________ I have been known by the following other names (if none, so state): I am able/not able to read and understand English. The highest level of schooling I have completed is: At the time I make this declaration, I am not under the influence of alcohol, any drug, or medication that would affect my ability to understand my entry of this plea. I would like to change my plea of not guilty to guilty/no contest. I understand that the legal effect of a no contest plea to a crime punishable as a felony is the same as that of a guilty plea. I understand that I am pleading guilty/no contest to the following offenses and I understand the nature of these offenses: _____ 9. I understand that I am admitting the following prior convictions and special punishment allegations (if none, so state Local Form CR-017 Optional Use Form Rev. 06/03/2014 Page 1 of 9 Plea & Waiver - Felony American LegalNet, Inc. www.FormsWorkFlow.com _____ 10. I understand that the sentence I will receive is (if no agreed sentence, so state): _____ 11. Count I understand that the sentence range for the offense(s) to which I am pleading guilty or nolo contendere is/are: Charge Sentence Enhancement/Priors _____ 12. _____ 13. I understand the Court can consider the facts in count(s) that will be dismissed, for purposes of determining my sentence. I understand if the Court determines at any time before I am sentenced that the negotiated plea is not in the interests of justice, the Court can cancel my plea, re-enter my not guilty plea and set this case for trial. Because the offense charged is a felony, I understand that I would have the right to a preliminary hearing. At the preliminary hearing, the People would have to establish by sufficient evidence that a crime was committed and that I committed the offense. My attorney could cross-examine the People's witnesses, I could present evidence, and testify at the preliminary hearing. If I waive and give up my right to the preliminary hearing, my case will proceed with entry of plea. Once preliminary examination is waived, that right is gone. I understand my right to a preliminary hearing and I waive and give up this right. Counsel joins in the waiver of preliminary examination and hearing. _______ Defendant's Counsel _______ People's Counsel PRELIMINARY EXAMINATION ADVISEMENT AND WAIVER _____ 14. _____ 15. ADVISEMENT OF TRIAL RIGHTS _____ 16. I understand I have a right to a speedy and public jury trial. At that trial, I will be presumed innocent, and I could not be convicted unless 12 impartial jurors were unanimously convinced of my guilt beyond a reasonable doubt. I understand I have a right to a speedy and public court trial by a judge sitting without a jury. At that trial, I would be presumed innocent and could not be convicted unless the judge was convinced of my guilt beyond a reasonable doubt. Local Form CR-017 Optional Use Form Rev. 06/03/2014 Page 2 of 9 Plea & Waiver - Felony American LegalNet, Inc. www.FormsWorkFlow.com _____ 17. _____ 18. _____ 19. I understand I have a right to see, hear, confront, and cross-examine all witnesses testifying against me. I understand I have the right to remain silent and not incriminate myself and I cannot be forced to testify at my trial. I realize that by pleading guilty/no contest and admitting any prior convictions or special allegations, I am incriminating myself. I understand I have the right to present evidence on my own behalf in my defense of the charges against me. I understand I have the right to use the subpoena powers of the Court to compel the appearance and attendance of witnesses on my behalf, and to compel those witnesses to bring with them to court evidence or documents favorable to me. I understand I have the right to have a jury determine the sentencing factors that may be used by a judge to increase my sentence on any charge, sentencing enhancement, or allegation to the upper or maximum term provided by law. I understand that the Court may impose a general fine in this case of not less than $_________ nor more than $___________, plus penalties and assessments. _____ 20. _____ 21. _____ 22. ADDITIONAL CONSEQUENCES OF PLEA _____ 23. _____ 24. I understand I may be required to pay restitution in this case in an amount to be ordered by the Court. The Court reserves the jurisdiction to hold a hearing to determine if restitution is appropriate and the amount. I understand that in addition to restitution and a fine, the Court is required to impose a separate and additional restitution fine of from $300.00 to $10,000.00 for each felony count and from $150.00 to $1000.00 for each misdemeanor count (PC 1202.4/1202.5). If granted probation, a fine of $300.00 to $10,000.00 (equal to the total restitution fine) will be imposed, but stayed pending successful completion of probation (PC1202.44). If sentenced to prison, a second fine of $300.00 to $10,000.00 (equal to the total restitution fine) will be imposed, but stayed pending successful completion of parole or post release community supervision (PC 1202.45). I understand that if the Court grants my application for probation, I could be on probation for up to 5 years with the Court also imposing certain conditions, such as, obey all laws. Should I violate any of the terms or conditions of my probation, my probation could be revoked and I could be sent to prison or incarcerated in the County Jail for up to the maximum term previously set forth. _____ 25. _____ 26. Local Form CR-017 Optional Use Form Rev. 06/03/2014 Page 3 of 9 Plea & Waiver - Felony American LegalNet, Inc. www.FormsWorkFlow.com _____ 27. I understand that if I am sentenced to state prison or a narcotics treatment facility: a) I will be placed on parole or post release community supervision for up to __________ years after my release. b) If I violate any of the terms