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 CASE NUMBER: COMES NOW THE ABOVE-NAMED DEFENDANT represented by ____________________________, and offers to: Enter a plea of GUILTY NOLO CONTENDERE to the charge(s) that Defendant violated the following code sections _______________________________________________________________________________ as set forth in the Complaint. admitting the truth of the alleged prior conviction(s) as set forth in the complaint or information. on the following terms and conditions. A. That the Court dismiss, on the motion of the District Attorney, the following charge(s):_____________ ___________________________________________________________________________________ B. That the Court impose only the following judgment: __________ $_________ $_________ __________ Other: months summary probation fine restitution fine + collection fee not contact/batter/harass or annoy: _____________________________ _________ search terms for narcotics and paraphernalia alcohol/weapons/firearms/stolen property _________ Batterer's treatment class / anger management / teen alcohol program _________ chemical test narcotics/alcohol Defendant understands that by initialing each of the following Rights, he/she expressly waives each/every Right in relation to the present charge(s) against him/her, as well as the alleged/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 and not to be compelled to plead guilty/no contest or testify against myself. I UNDERSTAND THAT THE CONSEQUENCES OF MY PLEA ARE: ______ 1. There have been no other representations or promises made to me other than what is stated on this entry of plea form. ______ 2. The maximum sentence is $____________ and/or ____________ days months in county jail. Must serve not less than _______ days in county jail and pay a fine of not less than $____________ ______ 3. ______ 4. Theft offense: If imprisoned as a result of this plea, a subsequent arrest for petty theft may result in felony charges, which could result in a state prison sentence for up to 3 years. ______ 5. A conviction may be used to violate my probation/parole; I may be sentenced to maximum term. ______ 6. I have only one opportunity to challenge the alleged prior conviction(s) and I knowingly, voluntarily and expressly waive my right to contest the alleged prior(s), knowing that some of the grounds for contesting the prior(s) are that I did not waive my right to an attorney, or my right to confront and examine witnesses, or my right to a jury trial, or my right against self-incrimination. ______ 7. A plea of no contest carries the same possible penalties from the Court and/or the Department of Motor Vehicles as a guilty plea. ______ 8. 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. ______ 9. I shall not own, possess or have custody or control of a firearm or ammunition for 10 years. A violation is punishable by up to 3 years in state prison. ______ 10. I must register as a drug offender for life under H&S 11590. Failure to register is a misdemeanor. ______ 11. I must register as a sex offender for life under PC 290. Failure to register the first time is a misdemeanor. Failure to register the second or subsequent time(s) is a felony punishable by up to 3 years in state prison. ______ 12. If I am not eligible for deferred entry of judgment or fail to complete the deferred entry of judgment program, I will be sentenced pursuant to the terms listed above (PC 1000). Yuba County Superior Court Effective 9/8/08; Amended 5/26/10 MISDEMEANOR ENTRY OF PLEA CM08050 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com People vs. Case No. ______ 13. A second or subsequent conviction is a felony, punishable to up to 3 years in state prison (PC 647.6/314.1). ______ 14. A second or subsequent conviction for violating PC 273.5 is a felony, punishable by up to 5 years in prison (PC 273.5/243(d)243.4/245); for a second conviction, minimum of 15 days in jail; and for a third or subsequent conviction, minimum of 60 days in jail. ______ 15. ______ 16. I understand that I have the right not to be sentenced earlier than 6 hours nor later than 5 days after my plea. I give up this right and agree to be sentenced at this time. 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 enumerated rights and join in the plea with the Defendant, believing it in the Defendant's best interest to do so. Date: Defense Counsel's Signature The District Attorney of the County of Yuba JOINS/OPPOSES the proposed plea set forth in this Entry of Plea Form. Date: Deputy District Attorney's Signature I, , having been duly sworn, truly translated this form to the Defendant in the __________________________________ language. The Defendant initialed that he/she understood the contents of the form and he/she then initialed and signed the form in my presence. Date: Interpreter's Signature FINDINGS AND ORDER This document having been completed and presented to the Court; the Court being satisfied that the plea and waivers were expressly, intelligently and voluntarily made; and the Court finding that there is factual basis for said plea, the Court accepts such plea and enters it on the record. Date: JUDGE OF THE SUPERIOR COURT Yuba County Superior Court Effective 9/8/08; Amended 5/26/10 MISDEMEANOR ENTRY OF PLEA CM08050 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com