OCCAOnline Rules of the Court of Criminal Appeals Form 13.10 Uniform Plea of Guilty - Summary of Facts IN THE DISTRICT COURT OF _____ COUNTY THE STATE OF OKLAHOMA ) ) Case No. _____________________ ) Plaintiff, ) [NOTE: The trial judge shall ensure the ) defendant is sworn either prior to completing vs. ) the Summary of Facts or prior to inquiry by the ) Court on the Plea. If the defendant is entering _____________________________________, ) a nolo contendere, or other type guilty plea, correct by pen change where term "guilty" PLEA OF GUILTY STATE OF OKLAHOMA, SUMMARY OF FACTS Part A: Findings of Fact, Acceptance of Plea CIRCLE 1. Is the name just read to you your true name? If no, what is your correct name? _________________ __________________________________________________ 8. I have also been known by the name(s):___________ _________________________________________________. (a) Do you wish to have a record made of these proceedings by a Court Reporter? (b) Do you wish to waive this right? Age:______ Grade completed in school:____________ Can you read and understand this form? (If the answer above is no, Addendum A is attached.) Are you currently taking any medications or substances which affect your ability to u proceedings? Have you been prescribed any medication that you should be taking, but you are no If so, what kind and for what purpose?____________ __________________________________________________ Have you ever been treated by a doctor or health professional for mental illness or c for mental illness? If yes, list the doctor or health professional, place, and when occurred: ______________________________ __________________________________________________ Do you understand the nature and consequences of this proceeding? 9. 10. Have you received a copy of the Information and read its allegations? A. Do you understand you are charged with: 2. 3. 4. 5. 6. 7. 2000 © American LegalNet, Inc. Crime Statutory Reference (1) _________________________ _______O.S._________ (2) _________________________ _______O.S._________ (3) _________________________ _______O.S._________ (4) _________________________ _______O.S._________ For additional charges: List any additional charges on a separate sheet and label as PLEA OF GUILTY ADDENDUM B B. Are you charged after former conviction of a felony? If yes, list the felony(ies) charged:__________________ _____________________________________________ _____________________________________________ 11. Do you understand the range of punishment for the crime(s) is/are: (List in same ord above.) (1) Minimum of ________ to a maximum of ________ and/or a fine of $_______ (2) Minimum of ________ to a maximum of ________ and/or a fine of $_______ (3) Minimum of ________ to a maximum of ________ and/or a fine of $_______ (4) Minimum of ________ to a maximum of ________ and/or a fine of $_______ For additional charges: List any additional punishments on a separate sheet, with additional crimes and labeled as PL ADDENDUM B. 12. Read the following statements: You have the right to a speedy trial before a jury for whether you are guilty or not guilty and if you request, to determine sentence. (If ple murder, advise of procedure in 21 O.S. ' 701.10(B)). At the trial: (1) You have the right to have a lawyer represent you, either one you hire yourself or if court appointed attorney. (2) You are presumed to be innocent of the charges. (3) You may remain silent or, if you choose, you may testify on your own behalf. (4) You have the right to see and hear all witnesses called to testify against you and the examine them. (5) You may have your witnesses ordered to appear in court to testify and present evide you have to these charges. (6) The state is required to prove your guilt beyond a reasonable doubt. (7) The verdict of guilty or not guilty decided by a jury must be unanimous. However, yo trial and, if all parties agree, the case could be tried by a Judge alone who would dec or not guilty and if guilty, the appropriate punishment. Do you understand each of these rights? 13. Do you understand by entering a plea of guilty you give up these rights? 14. Do you understand that a conviction on a plea of guilty could increase punishment in committed after this plea? 15. Is ________________________________ your lawyer? 16. Have you talked over the charge(s) with your lawyer, advised him/her regarding any have to the charges and had his/her advice? 17. Do you believe your lawyer has effectively assisted you in this case and are you sati advice? 18. Do you wish to change your plea of not guilty to guilty and give up your right to a jur previously explained constitutional rights? 19. Is there a plea agreement? What is your understanding of the plea agreement?____ _____________________________________________ _____________________________________________ 20. Do you understand the Court is not bound by any agreement or recommendation an not accept the plea agreement, you have the right to withdraw your plea of guilty? 2000 © American LegalNet, Inc. 21. Do you understand that if there is no plea agreement the Court can sentence you wi punishment stated in question 11? 22. Do you understand your plea of guilty to the charge(s) is after: (check one) ( ) no prior felony convictions ( ) one (1) prior felony conviction ( ) two (2) or more prior felony convictions List prior felony convictions to which pleading:________ _____________________________________________ 23. What (is) (are) your plea(s) to the charge(s) (and to each one of them)? 24. Did you commit the acts as charged in the Information? State the factual basis for your plea(s) (attach additional page as needed, labeled as ________ _____________________________________________ _____________________________________________ 25. Have you been forced, abused, mistreated, or promised anything by anyone to have plea(s)? 26. Do you plead guilty of your own free will and without any coercion or compulsion of a 27. If you are entering a plea to a felony offense, you have a right to a Pre-Sentence Inv Report which would contain the circumstances of the offense, any criminal record, s other background information about you. Do you want to have the Report? 28. (a) Do you have any additional statements to make to the Court? (b) Is there any legal reason you should not be sentenced now? HAVING BEEN SWORN, I, the Defendant whose signature appears below, make the following statements under oath: (1) (2) (3) CHECK ONE: ______(a) ______(b) I have read, understood and completed this form. My attorney completed this form and we have gone over the form and I understand its contents and agree with the answers. See Addendum "A". ______(c) The Court completed this form for me and inserted my answers to the questions. The answers are true and correct. I understand that I may be prosecuted for perjury if I have made false statements to this Court. ____________________________ _______________ DEFENDANT Acknowledged this ______ day of _______________, 19____. 29. I, the undersigned attorney for the Defendant, believe the Defendant understands the nature, purpose and consequence of this proceeding. (S)He is able to assist me in formulating any defense to the charge(s). I am 2000 © American LegalNet, Inc. satisfied that the Defendant's waivers and plea(s) of guilty are voluntarily given and he/she has been informed of all legal and constitutional rights. ___________________________________ ________ ATTORNEY FOR DEFENDANT 30. 31. The sentence recommendation in question 19 is correctly stated. I believe the recommendation is fair to the State of Oklahoma. Offer of Proof (Nolo contendere plea)____________________________ ______________________________________________ _________________ _______________ _______________ _____________ ASSISTANT DISTRICT ATTORNEY THE COURT FINDS AS FOLLOWS: 32. A. The Defendant was sworn and responded to questions under oath. B. The Defendant understands the nature, purpose and consequences of this proceeding. C. The Defendant's plea(s) of _________________ is/are knowingly and voluntarily entered and accepted by the Court. D. The Defendant is competent for the purpose of this hearing. E. A factual basis exists for the plea(s) (and former conviction(s), if applicable). F. The Defendant is guilty as charged: (check as appropriate) ( ) after no prior felony convictions. ( ) after one (1) prior felony conviction. ( ) after two (2) or more prior felony convictions. G. Sentencing or order deferring sentence shall be: imposed instanter ( ); or continued until the _____ day of _______________, 19___, at __________ ___.m. If the PreSentence Investigation and Report is requested, it shall be provided to the Court by the _____ day of _____________, 19___. DONE IN OPEN COURT this ______ day of _______________, 19____. ____________________________ Court Reporter Present __________________________________________ JUDGE OF THE DISTRICT COURT ____________________________ _____________________________________________ Deputy Court Clerk NAME OF JUDGE TYPED OR PRINTED Part B: Sentence on Plea Case No._________________ State v. ________________ Date: ___________________ 2000 © American LegalNet, Inc. [NOTE ON USE: Part B to be used with the Summary of Facts if contemporaneous with the entry of plea or may be formatted as a separate sentencing form if sentencing continued to future date.] THE COURT SENTENCES THE DEFENDANT AS FOLLOWS: TIME TO SERVE 1. You are sentenced to confinement under the supervision of the Department of Corrections for a term of years as follows: (list in same order as in question No. 10 in Part A) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. The sentence(s) to run (concurrently/consecutively)_________________________ _____________________________________________ or NOT APPLICABLE ___________ DEFERRED SENTENCE 1. The sentencing date is deferred until ____________ ____, 19___ at ___________ ___.m. 2. You (will/will not) be supervised. The terms set forth in the Rules and Conditions of Probation found in Addendum D shall be the rules you must follow during the period of deferment. SUSPENDED SENTENCE or SUSPENDED AS TO PART 1. You are sentenced to confinement under the supervision of the Department of Corrections for a term of years as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ to be suspended as follows: (a) ALL SUSPENDED YES_____ NO_____ (b) suspended except as to the first ________ (months)(years) of the term(s) during which time you are to be held in the custody of the Department of Corrections, the remainder of the sentence(s) to be suspended under the terms set forth in the Rules and Conditions of Probation found in Addendum D. 2. The sentence(s) to run (concurrently/consecutively) _______________________ ________________________________________________________ or NOT APPLICABLE. FINES AND COSTS You are to pay a fine(s), costs, fees and/or restitution to the ________________ County District Court Clerk as set out in Addendum E which is attached and made a part of this Order. [NOTE ON USE: District Courts may develop and utilize schedules for payment of fines and costs as appropriate for each district and attach as Addendum E.] "NOTICE OF RIGHT TO APPEAL" Sentence to Incarceration, Suspended or Deferred: 2000 © American LegalNet, Inc. To appeal from this conviction, or order deferring sentence, on your plea of guilty, you must file in the District Court Clerk's Office a written Application to Withdraw your Plea of Guilty within ten (10) days from today's date. You must set forth in detail why you are requesting to withdraw your plea. The trial court must hold a hearing and rule upon your Application within thirty (30) days from the date it is filed. If the trial court denies your Application, you have the right to ask the Court of Criminal Appeals to review the District Court's denial by filing a Petition for Writ of Certiorari within ninety (90) days from the date of the denial. Within ten (10) days from the date the application to withdraw plea of guilty is denied, notice of intent to appeal and designation of record must be filed pursuant to Oklahoma Court of Criminal Appeals Rule 4.2(D). If you are indigent, you have the right to be represented on appeal by a court appointed attorney. Do you understand each of these rights to appeal? Yes No Do you want to remain in the county jail ten (10) days before being taken to the place of confinement? Yes No Have you fully understood the questions that have been asked? Yes No Have your answers been freely and voluntarily given? Yes No I ACKNOWLEDGE UNDERSTANDING OF RIGHTS AND SENTENCE IMPOSED. ______________________________________ Defendant I, the undersigned attorney, have advised the Defendant of his appellate rights. ______________________________________ Attorney for Defendant Done in open court, with all parties present, this ______ day of __________________ 19____. _______________________________ ______________________________________________ Court Reporter Present Judge of the District Court ____________________________________ Deputy Court Clerk ADDENDUM "A" CERTIFICATE OF DEFENSE COUNSEL As the attorney for the defendant,_____________________________________, I certify that: 1. The Defendant has stated to me that he/she is (able/unable) to read and understand the attached form, and I have: (check appropriate option) ___________ determined the Defendant is able to understand the English language. ___________ determined the Defendant is unable to understand the English language and obtained _______________________________________ to interpret. 2. I have read and fully explained to the Defendant the allegations contained in the Information in this case. 3. I have read and fully explained to the Defendant all of the questions in the Plea of Guilty/Summary of Facts and the answers to the questions set out in the Summary of Facts are the Defendant's answers. 2000 © American LegalNet, Inc. 4. To the best of my knowledge and belief the statements and declaration made by the Defendant are accurate and true and have been freely and voluntarily made. Dated this ____________ day of _________________________, 19____. __________________________________ Attorney for the Defendant 2000 © American LegalNet, Inc.