State of Alabama Unified Judicial System Form CR-52(front) Rev. 1/201 EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Habitual Felony Offender 226 Circuit or District Court) (FOR OFFENSES COMMITTED ON OR AFTER JUNE 1, 2006) Case Number Count (count #, If Applicable) IN THE COURT OF , ALABAMA (Circuit or District) (Name of County) STATE OF ALABAMA v. Defendant TO THE ABOVE-NAMED DEFENDANT: The Court having been informed that you wish to enter a plea of guilty in this case, hereby informs 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 of 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 $60,0000. 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 $30,000. 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 $15,000.For imprisonment not more than 3 years, confinement may be in county jail and sentence may include hard labor. 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 subsequence 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 $15,000 2 226 20 Years In State Penitentiary Fine UP To $30,000 10 226 99 Years In State Penitentiary Fine UP To $60,000 15 226 99 Years or Life In State Penitentiary Fine Up To $60,000 Class B Felony 2 226 20 Years In State Penitentiary Fine Up TO $30,000 10 226 99 Years Or Life In State Penitentiary Fine Up To $60,000 15 226 99 Years or Life In State Penitentiary Fine Up To $60,000 Mandatory Life Imprisonment or any term of not less than 20 years, Fine Up To $60,000 Class A Felony (No prior convictions for any Class A Felony) 10 226 99 Years or Life In State Penitentiary Fine Up To $60,000 15 226 99 Years or Life In State Penitentiary Fine Up To $60,000 Life imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $60,000 Mandatory Imprisonment For Life or Life Imprisonment Without Possibility of Parole, Fine Up To $60,000 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 $60,000 15 226 99 Years or Life In State Penitentiary Fine Up To $60,000 Life Imprisonment or Any Term Of Years Not Less Than 99 Fine Up To $60,000 Mandatory Imprisonment For Life Without Possibility of Parole Fine Up To $60,000 Multiple Sentences. If you face multiple sentences for multiple crimes, the court may order your sentence for the above crime to run consecutively to or concurrently with the other sentence or sentences. Costs & Crime Victim's Assessment: You will also be ordered to pay the costs of court, which may include the fees of any appointed attorney, fines, fees, assessments, 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 and not less than $25 and not more than $1,000 for each misdemeanor for which you are convicted. 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: Sections 13A-5-6 (a) (4) and (a) (5), Ala. Code 1975, provide for the enhancement of a punishment for a Class A, B, or C, felony in which a 223firearm or deadly weapon was used or attempted to be used in the commission of the felony.224 This section provides for the following punishments in such events: 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 C Felony, a term of imprisonment of not less than 10 years. 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. 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 years222 imprisonment for each violation. 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. Enhanced Punishment For Sales Of Controlled Substance To One Under the age of 18: Section 13A-12-215, Ala. Code 1975, provides that anyone 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 provides that any person convicted of a violation of Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215 or 13A-12-231, Ala. Code 1975, shall be assessed an additional penalty 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 by him or her 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 to complete 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 revocation otherwise provided by law. Form CR-52 (back) Rev.1/1 EXPLANATION OF RIGHTS AND PLEA OF GUILTY (Habitual Felony Offender 226 Circuit/District Court) The court having personally addressed the defendant determines that the defendant has entered the plea voluntarily. Date Judge ATTORNEY222S CERTIFICATE I certify that the above was fully read to the defendant by me; that I explained the penalty or penalties involved with the defendant; that I discussed in detail defendant222s rights and the consequences of pleading guilty; and t