FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 1 of 12 SUPERIOR COURT OF CALIFORNIA, COUNTY OF AMADOR 500 ARGONAUT LANE, JACKSON, CA 95642 (209) 257 - 2600 THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. Defendant. CLERK'S USE ONLY FELONY WAIVER & PLEA FORM CASE NO: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial/complete each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your lawyer or the judge. 1. NATURE OF CHARGES (In Re Tahl (1969) 1 Cal.3d 122): A. Charges: (set forth all charges, enhancements, special allegations, prior convictions and probation violations, which will be subject to a plea) B. Proposed Disposition: C. I understand the nature of the above-referenced crimes; that is, what is required by law for a person to be guilty. Specifically, I understand the elements of all the charges and the possible defenses. initials American LegalNet, Inc. www.FormsWorkFlow.com FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 2 of 12 2. CONSTITUTIONAL RIGHTS AND WAIVERS By personally writing YES in the boxes below, I understand the following rights and facts. I expressly give up and waive each right knowingly, intelligently, and voluntarily as each applies to the charges, enhancements, special allegations, prior convictions, and probation violations alleged. (People v. Mosby (2004) 33 Cal.4th 353; People v. Sumstine (1984) 36 Cal.3d 909.) DEFENDANT TO PERSONALLY WRITE YES OR NO IN EACH BOX: I UNDERSTAND THIS RIGHT I GIVE UP THIS RIGHT 1. Right to a speedy and public trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Right to confront and cross examine all witnesses against me . . . . . . . . . . . . 3. Right to remain silent and not incriminate myself (unless I choose to testify in my own behalf) 4. Right to subpoena witnesses and produce evidence . . . . . . . . . . . . . . . . . . . . 5. Right to be represented by an attorney at all stages of the proceedings and to have the court appoint one if I cannot afford my own . . . . . . . . . . . . . . . . . . 6. I do not have the right to a jury trial on charges of violating probation, although I do have the right to a hearing before a judge . . . . . . . . . . . . . . . . . 7. (If prior to preliminary hearing) Right to a preliminary hearing to determine if there is probable cause to hold me for trial . . . . . . . . . . . . . . . . . . . . . . . . . A. I understand that by pleading guilty I am giving up my right to a jury trial. initials B. I understand that because I am not going to trial, I am giving up my right to confrontation of witnesses (i.e. my right to see, hear, and have my attorney question all witnesses who might have been called to testify) and my right to subpoena witnesses and produce evidence on my behalf. initials C. I understand by pleading guilty, I am giving up my right to remain silent and to require the District Attorney to prove the case against me. In other words, I am admitting my guilt of the crime(s) charged. initials D. I understand People v. West (1970) 3 Cal.3d 595 is a case that allows me to plead guilty or no contest, for valid tactical reasons, to something I feel I did not do. However, for the purposes of my criminal record and for sentencing, the plea is treated the same as any other guilty plea. initials American LegalNet, Inc. www.FormsWorkFlow.com FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 3 of 12 3. REPRESENTED BY SELF OR COUNSEL: Defendant to personally write YES in one of the two boxes: REPRESENTED BY SELF: I give up my right to an attorney. REPRESENTED BY AN ATTORNEY: I have discussed my case with my attorney. We discussed the rights I am giving up by my plea, the elements of the offense(s) charged, the possible defenses, and the consequences of my plea. 4. NO OTHER PROMISES CONDITIONAL PLEA: A. I have not been induced to enter this plea by any promise or representation of a lesser sentence, probation, reward, immunity, or anything else, except as set forth in paragraph 1(B) above. initials B. I understand my sentence is to be determined solely by the Court. If the Court does not agree with any of the promises or representations stated above, I understand I will be allowed to withdraw my guilty plea. initials 5. CONSEQUENCES OF GUILTY PLEA, NO CONTEST, FINE AND CONFINEMENT (Bunnell v.Superior Court (1975) 13 Cal.3d 592; see also P.C. 1170(h) [AB 109]): A. No Contest Plea: I understand a plea of no contest will have the same effect in this case as a plea of guilty. Also, if the offense is punishable as a felony, it can be used against me in a civil lawsuit. (P.C. 2471016.) initials B. Prison Sentence: 1. Straight up no conditions: I understand the maximum term facing me as a result of my plea is years. (In re Birch (1973) 10 Cal.3d 314.) initials American LegalNet, Inc. www.FormsWorkFlow.com FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 4 of 12 2. Conditional pleas: a. Prison Time Local Jail: I understand I may be sentenced to serve my term of imprisonment in County Jail. My sentence may still be considered a prior prison term and may be used against me if future law violations occur. initials b. No State Prison Term or Local Prison Time Promise: I understand I will not be sentenced to State Prison or local prison time at the outset and I will be placed on probation. However, if I violate any of the terms and conditions of probation, I can be sentenced to State Prison/County Prison for a maximum sentence of years. initials c. State Prison Term/Local Prison Time Lid: I understand I will receive no more than years in State Prison or local prison time at the outset. If I am granted probation and then violate any terms and/or conditions of probation, I could be sentenced to years in State Prison or County Jail as a local prison term. initials c. Stipulated Prison Term: I understand I will be committed to State Prison or County Jail to serve a local prison term for a term of years. I will not be considered for probation or a lesser term in prison. initial 3. If Non-Probation Offenses Mandatory State Prison: I understand I will not be eligible for probation. I will be sentenced to State Prison as a result of this plea. (People v. Caban (1983) 148 Cal.App.3d 706.) initials American LegalNet, Inc. www.FormsWorkFlow.com FELONY WAIVER & PLEA FORM-(Rev. 04/2012)-CRIM018 Page 5 of 12 C. 1. Parole: I understand in the event I violate probation and I am committed to State Prison, or following a prison commitment, I will be subject to parole supervision for three years (P.C. 2473000, if sentenced pursuant to 2471170); or five years (P.C. 2473000, if sentenced pursuant to 2471168); or seven years (P.C. 2473000.1, if sentenced pursuant to 1168 for any offense of first degree). In case of a parole violation, I understand I will be subject to parole for an additional year (if a three-year parole term) or an additional two years (in the case of a five- year parole term). (P.C. 2472473000, 3000.1). initials 2. Mandatory Supervision: The Court may require me to serve a portion of my sentence under the supervision of the Probation Department, even if I do not agree with the conditions of supervision. If I violate the conditions of supervision, I may be returned to the custody for the remainder of the sentence imposed. initials D. Fines, Restitution, Penalty Assessments, Drug and Laboratories Fees (People v. Clark (1992) 7 Cal.App.4th 1041.) (1) Fine: I may be ordered to pay a FINE of up to $10,000 (P.C. 247672) and a penalty assessment of 230 % of the fine imposed. initials (2) Restitution Fine For All Felonies Whether Probation Granted or Not: The sentencing judge will impose a Restitution Fine of not less than $240 nor more than $10,000 in the case of a felony, & not less than $120 nor more than $1000 in the case of a misdemeanor. (P.C. 2471202.4.) initials (3) Parole Revocation Restitution Fine (P.C. 2471202.45.): I understand the sentencing judge will order a parole revocation restitution fine in cases including a period of parole in the same amount as the restitutio