State of Alabama Unified Judicial System Form CR-52 (front) Rev./ EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Habitual Felony Offender 226 Circuit or District Court)(FOR OFFENSES COMMITTED BEFORE JUNE 1, 2006) Case Number Count (count #, if applicable) IN THECOURT OF, ALABAMA (Circuit or District) (Name of County) STATE OF ALABAMA v. Defendant TO THE ABOVE-NAMED DEFENDANT: After the Court was informed that you wish to enter a plea of guilty in this case, this is to inform you of your rights as a criminal defendant. PENALTIES APPLICABLE TO YOUR CASE You are charged with the crime of , which is Class Felony. The Court has been informed that you desire to enter a plea of guilty to this offense or to the crime of which is a Felony. The sentencing range for the above crime(s) is set out below: FELONY Class A Not less than ten (10) years and not more than ninety-nine (99) years imprisonment or life imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $20,000. Class B Not less than two (2) years and not more than twenty (20) years imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $10,000. For imprisonment not more than 3 years, confinement may be in county jail and sentence may include hard labor for county. Class C Not less than one (1) year and one (1) day and not more than ten (10) years imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $5,000. For imprisonment not more than 3 years, confinement may be in county jail & sentence may include hard labor. You will also be ordered to pay the costs of court, which may include the fees of any appointed attorney, and restitution if there is any. You will also be ordered to pay an additional monetary penalty for the use and benefit of the Alabama Crime Victims Compensation Commission of not less than $50 and not more than $10,000 for each felony for which you are convicted. As a reported habitual offender, you are further advised that the Alabama Habitual Offender Act, Section 13A-5-9, Ala. Code 1975, as amended by Act 2000-759, provides the following enhanced punishment for anyone who has been previously convicted of one or more felonies and who then is convicted of a subsequent felony: Prior Felonies This offense No Prior Felonies One Prior Felony Two Prior Felonies Three + Prior Felonies Class C Felony 1 Yr. & 1 Day 226 10 Years In State Penitentiary Fine Up To $5,000 2 226 20 Years In State Penitentiary Fine Up To $10,000 10 226 99 Years In State Penitentiary Fine Up To $20,000 15 226 99 Years or Life In State Penitentiary Fine Up To $20,000 Class B Felony 2 226 20 Years In State Penitentiary Fine Up To $10,000 10 226 99 Years Or Life In State Penitentiary Fine Up To $20,000 15 226 99 Years or Life In State Penitentiary Fine Up To $20,000 Mandatory Life Imprisonment or any term of not less than 20 years Fine Up To $20,000 Class A Felony (No Prior convictions for a Class A Felony) 10 226 99 Years or Life In State Penitentiary Fine Up To $20,000 15 226 99 Years or Life In State Penitentiary Fine Up To $20,000 Life imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $20,000 Mandatory Imprisonment For Life or Life Imprisonment Without Possibility of Parole. Fine Up To $20,000 Class A Felony (One or more prior convictions for any Class A Felony) 10 226 99 Years or Life In State Penitentiary Fine Up To $20,000 15 226 99 Years or Life In State Penitentiary Fine Up To $20,000 Life Imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $20,000 Mandatory Imprisonment For Life Without Possibility of Parole Fine Up to $20,000 This crime is also subject to the following enhancements or additional penalties as provided by law: (Provisions Checked Apply To Your Case) Enhanced Punishment For Use of Firearm Or Deadly Weapon: Section 13A-5-6, Ala. Code 1975, provides for sentence enhancement where a 223firearm or deadly weapon was used or attempted to be used in the commission of a felony.224 This section provides for the following punishment in such event: For the commission of a Class A Felony, a term of imprisonment of not less than 20 years; for the commission of a Class B or Class C Felony, a term of imprisonment of not less than 10 years. Enhanced Punishment for Drug Sale Near School: Section 13A-12-250, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public or private school, college, university or other educational institution, must be punished by an additional penalty of five years imprisonment in a state correctional facility for each violation. This period of imprisonment is mandatory and the punishment imposed shall not be suspended or probation granted. Enhanced Punishment for Drug Sale Near Housing Project: Section 13A-12-270, Ala. Code 1975, provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius of a public housing project owned by a housing authority must be punished by an additional penalty of five years222 imprisonment in a state correctional facility for each violation. This period of imprisonment is mandatory and punishment imposed shall not be suspended or probation granted. Enhanced Punishment For Sales Of Controlled Substance To Anyone Under 18: Section 13A-12-215, Ala. Code 1975, provides that any person convicted of selling, furnishing, or giving away a controlled substance to one who has not yet attained the age of 18 years, shall be guilty of a Class A Felony and the punishment imposed shall not be suspended or probation granted . Drug Demand Reduction Assessment Act and Loss of Driving Privileges: Section 13A-12-281, Ala. Code 1975, provides that, if any personconvicted of a violation of 24713A-12-202 (criminal solicitation to commit controlled substance crime), 13A-12-203 (attempt to commit a controlled substance crime), 13A-12-204 (criminal conspiracy), 13A-12-211(unlawful distribution of a controlled substance), 13A-12-212 (unlawful possession or receipt of a controlled substance), 13A-12-213(unlawful possession of marijuana, 1st), 13A-12-215 (sale, furnishing, etc., of controlled substance by person over age Original - Court FileCopy - DefendantCopy - District Attorney Copy - Defense Attorney Enhanced Punishment for a Felony Criminal Sex Offense Involving a Child: Sections 13A-5-6 (a) (4) and (a) (5), Ala. Code 1975, provide for the enhancement of a punishment for a Class A or B felony criminal sex offense involving a child under the age of 12 or involving child pornography. These Sections provide for the following punishment in such events: For a Class A felony criminal sex offense, not less then 20 years; For a Class B felony sex offense, not less than 10 years. American LegalNet, Inc. www.FormsWorkFlow.com Form CR-52 (back) Rev./ EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Habitual Felony Offender 226 Circuit or District Court)(For Offenses Committed Before June 1, 2006) 18 to person under age (18) or 13A-12-231(drug trafficking), Ala.Code 1975, the person shall be assessed an additional fee of $1,000 if he or she is a first-time offender or $2,000 if he or she is a repeat offender under one of these sections. Collection of all or part of the penalty will be suspended if, with court approval, the defendant enters a drug rehabilitation program and if the defendant agrees to pay for a part or all of the program costs. Upon successful completion of the program, the defendant may apply to the court to reduce the penalty by the amount actually paid for participation in the program. Any suspension of the penalty can be withdrawn by the court if the defendant fails to enroll in or successfully pursue or otherwise fail tocomplete an approved program. In addition, pursuant to Section 13A-12-214 (unlawful possession of marijuana in the second degree),Section 32-5A-191(a)(3) or Section 32-5A-191(a)(4)(DUI offenses involving drugs), the defendant will lose his or her privilege to drive a motor vehicle for a period of six months, which shall be in addition to any suspension or revocati