CR-101: California Plea Form, With Explanations and Waiver of Rights-Felony (Criminal)

1. CHARGES AND MAXIMUM TERM: you want to plead guilty or no contest ("nolo contendere") to the charges and admit the prior convictions, enhancements, allegations, and circumstances in aggravation listed under PRIOR CONVICTIONS, ENHANCEMENTS, ALLEGATIONS & CIRCUMSTANCES IN AGGRAVATION (SECTION & DESCRIPTION). You understand that the minimum and maximum penalties for the charges to which you are pleading guilty or no contest are listed under MINIMUM and MAXIMUM.

For each COUNT, enter the CHARGES (SECTION & DESCRIPTION), any PRIOR CONVICTIONS, ENHANCEMENTS, ALLEGATIONS & CIRCUMSTANCES IN AGGRAVATION, their MINIMUM and MAXIMUM YEARS / MONTHS and the TOTAL MAXIMUM TIME.

Enter the AGGREGATE MAXIMUM TIME OF IMPRISONMENT.

2. PLEA AGREEMENT: you must tell the court on this form about any promises anyone has made to you about the sentence you will receive or the sentence recommendations that will be made to the court. Your attorney, the court, or the prosecutor has explained to you that if you plead guilty or no contest to the charges and admit the prior convictions, enhancements, allegations, and circumstances in aggravation listed in 1. CHARGES AND MAXIMUM TERM, the court will sentence you as follows:

a. Check one: State Prison, or County Jail per Penal Code section 1170(h), for (1) years and months or (2) not less than years and months and/or not more than years and months, or (3) Other (specify).

b. Probation for years under conditions to be set by the court, including days in the county jail or up to days in the county jail.

If you violate any of the conditions of probation, including failure to complete a drug education or treatment program, if ordered by the court, the court may send you to county jail or state prison for up to the "Aggregate Maximum Time of Imprisonment" specified in item 1, which may include a period of mandatory supervision under Penal Code section 1170(h)(5)(B) if the court sends you to county jail.

c. Split Sentence (1170(h)(5)(B)): years and days in the county jail and years and days on mandatory supervision under conditions set by the court. If you violate any of the terms or conditions of mandatory supervision, you may be remanded into custody for the entire unserved portion of the sentence.

d. Open Plea. Initial each of the items that applies to your case: (1) You understand the maximum and minimum sentences for the charges, enhancements, and allegations stated on page 1, and no one has made any other promises to you about what sentence the court may order. (2) You understand that you are not eligible for probation. (3) You understand that you will not be granted probation unless the court finds at the time of sentencing that this is an unusual case where the interests of justice would be best served by granting probation.

e. The court will order you to pay the following amounts (if an amount is not yet known, "TBD" for "to be determined" is entered next to the $). You must prepare financial disclosure statements to assist the court in determining your ability to pay. Refusal or failure to prepare the required financial disclosure statements may be used against you at sentencing. (1) $ to the Victim Restitution Fund (2) $ restitution to actual victims (3) $ restitution to the State of California, Victims of Crime Fund (4) $ court operations assessment (5) $ court facilities assessment (6) $ base fine plus any applicable penalties, assessments, and surcharges (7) $ other (specify) (8) $ other (specify) (9) An (additional) amount to be determined by the court at sentencing or such other hearing as the court may set.

If you are sentenced to state prison: (1) You will be placed on parole or postrelease community supervision for up to the years entered after your release. (2) If you abscond or the court tolls your supervision, the total time of parole or postrelease community supervision can be extended. (3) If you violate any of the terms or conditions of your parole, you can be sentenced to county jail for up to 180 days for each violation, or if you are convicted of a crime that is subject to parole under Penal Code section 3000(b)(4) or 3000.1, you could be returned to state prison.

Registration: you will be required to register with the local police agency or sheriff's department in the city or county in which you reside as (1) an arson offender (2) a gang member (3) a sex offender (this registration is a lifelong requirement) (4) Other (specify), and if you fail to register or to keep your registration current for any reason, new felony criminal charges may be filed against you.

9. THE PLEA: you plead GUILTY or NO CONTEST to the charges listed in item 1 (on page 1) and admit the prior convictions, enhancements, allegations, and circumstances in aggravation listed in item 1 (on page 1), understanding that this plea and admission will lead to the penalties listed in item 2 (on pages 1 and 2).

The court is required to find a factual basis for your plea to make sure that you are entering a plea to the proper offenses under the facts of the case. You admit that on the dates charged, you (describe the facts establishing all elements of the offense as to each count), or you offer to the court as the basis for the plea of guilty or no contest and any admissions the following documents that are in the record or that are attached to this plea form to become part of the record: (a) Preliminary hearing transcript (b) Police report (c) Probation report (d) Welfare investigator's declaration (e) Court documents regarding any alleged prior offenses (f) Other (specify) (g) (Specify facts).

Under DEFENDANT'S STATEMENT, enter the Date, the Type or Print Name and the Signature of Defendant.

Under ATTORNEY'S STATEMENT, the attorney of record for the defendant enters the Date, the Type or Print Name and the Signature of Attorney.

The attorney refers the court to the following documents that are in the record or that are attached to this plea form to become part of the record: police report, preliminary hearing transcript, probation report, other (specify).

Under INTERPRETER'S STATEMENT, the interpreter, having been duly sworn or having a written oath on file, certifies that the interpreter truly translated this form to the defendant in the language noted: Spanish or Other (specify).

The interpreter enters the Date, the Certification Number, the Type or Print Name and the Signature of Interpreter.

Under DISTRICT ATTORNEY'S STATEMENT, the District Attorney marks agree or do not agree with the terms of the plea agreement and the indicated sentence, and enters the Date, the Type or Print Name and the Signature of District Attorney.