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Waiver Of Jury Trial On Aggravating Factors Form. This is a Washington form and can be use in Misdemeanor Judgment And Sentencing Statewide.
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Tags: Waiver Of Jury Trial On Aggravating Factors, CR 04.0750, Washington Statewide, Misdemeanor Judgment And Sentencing
SUPERIOR COURT OF WASHINGTON
COUNTY OF
STATE OF WASHINGTON, Plaintiff,
vs.
No.
WAIVER OF JURY TRIAL ON
AGGRAVATING FACTORS
(WVJTAG)
______________________________________,
Defendant.
SID:
If no SID, use DOB:
The undersigned states that:
1.
2.
3.
I have been charged with the following crime(s), which has/have the following standard sentencing
range(s): _____________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
I have been informed and fully understand that the prosecuting attorney is seeking sentence(s)
above the standard sentencing range(s) and that the exceptional sentence(s) could be up to the
maximum term(s) allowed by law of ______________________________________________
____________________________________________________________________________.
I am informed and I fully understand that the prosecuting attorney alleges that the following
aggravating circumstances support exceptional sentence(s) in my case:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________;
and that the factual basis for the aggravating circumstances is/are (check all that apply):
(a)
Document(s) _____________________________________________________ (list here);
(b)
Recitation of facts presented by the prosecuting attorney at the guilty plea hearing;
(c)
Evidence to be presented at hearing, to wit: ____________________________________
_______________________________________________________________________________
.
WAIVER OF JURY TRIAL ON AGGRAVATING FACTORS (WVJTAG) Page 1 of 2
WPF CR 04.0750 (6/2005) 2005 Wash. Law, 68 § 4(2)
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4.
I have been informed and fully understand that I have a right to have the facts supporting
aggravating circumstances proved beyond a reasonable doubt to a jury and that the jury’s verdict
must be unanimous and by special interrogatory.
5.
I have been informed and fully understand that in a jury trial I have the following rights:
(a)
(b)
(c)
(d)
The right to remain silent before and during trial, and the right to refuse to testify against
myself;
The right at trial to hear and question the witnesses who testify against me;
The right at trial to testify and to have witnesses testify for me. These witnesses can be
made to appear at no expense to me;
The right to appeal the jury’s verdict.
6.
I freely and voluntarily waive my right to a jury trial on aggravating circumstances. No one has
threatened harm of any kind to me or to any other person and no one has made promises of any kind
to cause me to make this waiver.
7.
The court without a jury will consider the factual basis of the aggravating circumstances listed in
paragraph 3. The court will decide whether the facts provide substantial and compelling reasons to
order exceptional sentence(s) above the standard sentencing range.
Dated: __________________________________
Defendant
I have read and discussed this Waiver of Jury
Trial on Aggravating Circumstances with the
defendant and believe that the defendant is
competent and fully understands the waiver.
Prosecuting Attorney
Print Name
WSBA No.
Defendant's Lawyer
WSBA No.
Print Name
The foregoing waiver was read by or to the defendant and was signed by the defendant in open court in the
presence of the defendant's lawyer and the undersigned judge. I find the defendant's waiver of Jury Trial on
Aggravating Circumstances to be knowingly, intelligently and voluntarily made.
Dated:
Judge
WAIVER OF JURY TRIAL ON AGGRAVATING FACTORS (WVJTAG) Page 2 of 2
WPF CR 04.0750 (6/2005) 2005 Wash. Law, 68 § 4(2)
American LegalNet, Inc.
www.USCourtForms.com