Free YUBA COUNTY SUPERIOR COURT - California

People vs.

Case No.

Conditional plea I understand that the agreement is that I will not be sentenced to state prison at the outset and that I will be placed on probation up to a period of five years. I could be ordered to serve 12 months in the county jail as a condition of probation. If I violate the terms of probation, there would be a petition filed to revoke my probation. A hearing would be held by a judge sitting without a jury. If the judge was convinced by a preponderance of the evidence that I had violated a term or condition of my probation, my probation could be revoked and I could be sentenced to state prison for up to the maximum sentence of _________years. Because I am pleading conditionally, the probation officer will interview me and conduct an investigation. He or she will prepare a report and make a recommendation to the Court. When I return for consideration of my plea, if the Court rejects the conditional plea, I understand that I will be placed in a "not guilty" status. However, if the court accepts the plea, then I cannot change my mind and withdraw the plea unless there is some legal reason to do so. Anything that I say to the probation officer cannot be used against me in the future if the plea is rejected. However, I understand that there is one exception: if this case ultimately goes to trial and I testify at trial and my testimony is different than what I said to the probation officer, I understand that the probation officer could come to court and testify to what I had earlier said to the probation officer. Domestic Violence Offenses I understand that if probation is granted, the Court shall impose the following conditions specified for crimes of domestic violence under Penal Code section 1203.097: · · · · · · · · The minimum period of probation is 36 months. [Penal Code section 1203.097 (a)(1) I will have to pay the cost and successfully complete a 52-week batters program [Penal Code section 1203.097 (a)(6)] I will have to pay a minimum of $400 representing a domestic violence fee [Penal Code section 1203.097(a)(5)] The Court will impose a criminal protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. [Penal Code section 1203.097(a)(2) The victim shall receive notice of the disposition of the case and that I must be booked within one week of sentencing if I have not already been booked. [Penal Code section 1203.097(a)(3) and (4).] I may be required to make payments to a battered women's shelter, up to a maximum of five thousand dollars ($5,000). [Penal Code section 1203.097(a)(11)(A)] I must reimburse the victim for reasonable expenses that the Court finds are the direct result of my offense. [Penal Code section 1203.097(a)(11)(B)] The Court will order me to perform a specified amount of appropriate community service or adult offender work hours and pay the supervision fee currently in the amount of $70. [Penal Code section 1203.097(a)(8)]

Any person convicted of a felony violation of Penal Code section 273.5 [spousal abuse], for acts occurring within seven years of a previous conviction under Penal Code section 273.5(a) or Penal Code section 243(d) [battery against a person resulting in serious bodily injury]; Penal Code section 243.4 [sexual battery]; Penal Code section 244 [assault with caustic chemicals or flammable substances]; Penal Code section 244.5 [assault with a stun gun or taser]; or 245 [assault with a deadly weapon, or with force likely to produce great bodily injury], shall be subject to increased punishment, including a sentence of 2, 4, or 5 years in state prison or a fine of $10,000 plus penalty assessments or both the prison and fine.[Penal Code 273.5 (e)(1)] Drug offenses I will have to register as a narcotics offender (H&S 11590) and that my failure to do so would be a further criminal offense. I will have to pay a drug laboratory analysis fee currently in the base fine amount of $50.00 plus penalty assessments totaling $140, for a total amount of $190. [H&S 11372.5(a)] I will have to pay a drug program rehabilitation fee currently in the base fine amount of $150, plus penalty assessments totaling $420, for a total amount of $570 unless the Court makes a determination that I do not have the ability to pay the drug program rehabilitation fee. [H & S 11372.7] The Welfare Reform Act disqualifies persons convicted of drug-related felonies that involve the possession, use, or distribution of a controlled substance from receiving benefits under the federal food stamp program and the Temporary Aid to Needy Families (TANF) program, I also understand that I am ineligible for CalWORKS aid, and that if I am a member of an assistance unit receiving CalWORKS aid, that I am also ineligible for non-health-care benefits, i.e., general relief benefits.

Yuba County Superior Court Effective 6/3/09

FELONY PLEA FORM ATTACHMENT

CM09052

People vs.

Case No.

If I am convicted of the manufacture, sale, possession for sale, possession, transportation, or disposal of any hazardous substance that is a controlled substance or a chemical used in, or a byproduct of, the manufacture of a controlled substance in violation of any law, I will incur a penalty equal to the amount of the actual cost incurred by the state or local agency to remove and dispose of the said hazardous substance, chemical or byproduct, if the state or local agency requests the prosecuting authority to seek recovery of that cost. Pursuant to Health and Safety Code section 11370.2, if I am convicted of a violation of Health and Safety Code section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 113791.6, 11380, or 11383,and it is simply alleged and proved that I was convicted of this offense, that fact would add three additional years to a future prison term. Gang advisements Penal Code section 186.22(a) conviction If the Court grants probation or suspends execution of sentence, I will be required to serve a minimum of 180 days in a county jail. [Penal Code section 186.22(c)] I will be required to register with the chief of police of the city in which I reside, or the sheriff of the county if I reside in an unincorporated area within 10 days of my release from custody or within 10 days of my arrival in any city, county, or city and county to reside there, whichever first occurs. [Penal Code 186.30] Upon conviction, I must appear at the law enforcement agency and will be served with a notification of the California Street Terrorism Enforcement and Prevention Act notification, which shall include, where applicable, a notification that I belong to a gang whose members engage in or have engaged in a pattern of criminal gang activity. I must provide a written statement signed by me giving any information that may be required by law enforcement. I must also provide fingerprints and a current photograph. [Penal Code 186.32 (2)] If I am required to register pursuant to Penal Code section 186.30 and I knowingly violate any of that section's provisions I am guilty of a misdemeanor. If I knowingly fail to register pursuant to Section 186.30 and I am subsequently convicted of a violation of any of the offenses specified in Penal Code section 186.30, I shall be punished by an additional term of imprisonment in the state prison for 16 months, 2, or 3 years. I understand that all registration requirements will terminate 5 years after the last imposition of a registration requirement Penal Code section 186.22(b)(1) enhancement If I am convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, then in addition and consecutive to the punishment prescribed for the felony or attempted felony I will be sentenced as follows: An additional term of 2, 3, or 4 years at the court's discretion for felonies, other than serious or violent felonies If the felony is a serious felony as defined in Penal Code section 1192.7(c), by an additional term of 5 years If the felony is a violent felony as defined in Penal code section 667.5(c), by an additional term of 10 years.

Yuba County Superior Court Effective 6/3/09

FELONY PLEA FORM ATTACHMENT

CM09052