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STATE OF NORTH CAROLINA TRANSCRIPT OF PLEA (NC Admin. Office of the Courts)

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File No.
STATE OF NORTH CAROLINA
District Superior Court Division
The plea arrangement set forth within this transcript is hereby rejected and the clerk shall place this form in the case file. (Applies to plea
arrangements disclosed on or after December 1, 2009.)
NOTE: Use this section ONLY when the Court is rejecting the plea arrangement.
The undersigned judge, having addressed the defendant personally in open court, finds that the defendant (1) was duly sworn or
affirmed, (2) entered a plea of guilty guilty pursuant to Alford decision no contest, and (3) offered the following answers to
the questions set out below:
(a).
(d).
(c).
(b).
(a).
(b). Are you satisfied with your lawyer's legal services?
(a).
(b).
9.
7.
5.
4.
1.
2.
3.
6.
Do you understand that by your plea(s) you give up these and other valuable constitutional rights to a
jury trial (and, if applicable, rights related to sentencing)?
Do you understand that at a jury trial you have the right to have a jury determine the existence of any
aggravating factors that may apply to your case (and, if applicable, additional sentencing points not related to
prior convictions) beyond a reasonable doubt?
Do you understand that you have the right to plead not guilty and be tried by a jury?
Do you understand that at such trial you have the right to confront and to cross examine witnesses
against you?
8.
Do you understand that, if you are not a citizen of the United States of America, your plea(s) of guilty or no
contest may result in your deportation from this country, your exclusion from admission to this country, or the
denial of your naturalization under federal law?
Do you understand that upon conviction of a felony you may forfeit any State licensing privileges you have in
the event that you refuse probation or that your probation is revoked?
(8)
(9)
(7d)
(7c)
(7a)
(7b)
(5)
(6a)
(6b)
Have you and your lawyer discussed the possible defenses, if any, to the charges?
Have the charges been explained to you by your lawyer, and do you understand the nature of the charges,
and do you understand every element of each charge?
(4a)
(4b)
Are you now under the influence of alcohol, drugs, narcotics, medicines, pills, or any other substances?
When was the last time you used or consumed any such substance?
Are you able to hear and understand me?
At what grade level can you read and write?
Do you understand that you have the right to remain silent and that any statement you make may be used
against you?
(1)
(2)
(3)
Do you understand that following a plea of guilty or no contest there are limitations on your right to appeal?
10.
(10)
Answers
11.
Do you understand that your plea of guilty may impact how long biological evidence related to your case
(for example, blood, hair, skin tissue) will be preserved?
(11)
(Over)
AOC-CR-300, Rev. 3/10
© 2010 Administrative Office of the Courts
County
STATE VERSUS
Age Highest Level Of Education CompletedDOB
TRANSCRIPT OF PLEA
G.S. 15A-1022, 15A-1022.1
In The General Court Of Justice
Name Of Defendant
Signature Of Presiding Judge
Date
Name Of Presiding Judge (Type Or Print)
(a)
(b)
(c)
Do you now consider it to be in your best interest to plead guilty to the charges I just described?
Do you understand that, upon your "Alford guilty plea," you will be treated as being guilty whether
or not you admit that you are in fact guilty?
(1)
(2)
14.
MANDATORY MINIMUM FINES & SENTENCES (if any)
TOTAL MAXIMUM PUNISHMENT
*G = Guilty
NC = No Contest
See attached AOC-CR-300A, for additional charges.
NOTE TO CLERK: If this column is checked this is an added offense or reduced charge.
‡ NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement).
ü
15.
(Use if aggravating factors are listed below) Have you admitted the existence of the aggravating factors shown
below, have you agreed that there is evidence to support these factors beyond a reasonable doubt, have
you agreed that the Court may accept your admission to these factors, and do you understand that you
are waiving any notice requirement that the State may have with regard to these aggravating factors
agree that the State has provided you with appropriate notice about these aggravating factors? (If so,
review the aggravating factors with the defendant.)
(15)
13.
Do you now personally plead guilty no contest to the charges I just described?
Are you in fact guilty?
(no contest plea) Do you understand that, upon your plea of no contest, you will be treated as being
guilty whether or not you admit that you are in fact guilty?
(Alford guilty plea)
(14a)
(14b)
(14c2)
(14c1)
(13)
16.
(Use if sentencing points are listed below) Have you admitted the existence of the sentencing points not related
to prior convictions shown below, have you agreed that there is evidence to support these points beyond a
reasonable doubt, have you agreed that the Court may accept your admission to these points, and do you
understand that you are waiving any notice requirement that the State may have with regard to these
sentencing points agree that the State has provided you with appropriate notice about these
sentencing points? (If so, review the sentencing points with the defendant.)
(16)
17.
18.
Do you understand that you also have the right during a sentencing hearing to prove to the Court the
existence of any mitigating factors that may apply to your case?
(17)
Do you understand that the courts have approved the practice of plea arrangements and you can discuss
your plea arrangement with me without fearing my disapproval?
(18)
Do you understand that you are pleading guilty no contest to the charges shown below?
(Describe charges, total maximum punishments, and applicable mandatory minimums for those charges.)
12.
(12)
ü
Plea*
File Number
Count
No.(s)
Offense(s)
Date Of
Offense
G.S. No.
F/M
CL.
‡Pun.
CL.
Maximum
Punishment
PLEAS
AOC-CR-300, Side Two, Rev. 3/10
© 2010 Administrative Office of the Courts
The defendant stipulates to restitution to the party(ies) in the amounts set out on "Restitution Worksheet, Notice And Order (Initial
Sentencing)" (AOC-CR-611).
The State dismisses the charge(s) set out on Page Two, Side Two, of this transcript.
File No.
Deputy CSC Assistant CSC Clerk Of Superior Court
21.
22.
24.
25.
26.
23.
Is the plea arrangement as set forth within this transcript and as I have just described it to you correct as
being your full plea arrangement?
(Other than the plea arrangement between you and the prosecutor) has anyone promised you anything or
threatened you in any way to cause you to enter this plea against your wishes?
Do you now personally accept this arrangement?
Do you enter this plea of your own free will, fully understanding what you are doing?
Do you agree that there are facts to support your plea and admission to aggravating factors
and sentencing points not related to prior convictions, and do you consent to the Court hearing a
summary of the evidence?
Do you have any questions about what has just been said to you or about anything else connected to your
case?
(21)
(23)
(22)
Signature Of Defendant
Name Of Defendant (Type Or Print)
Date
SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME
Date
I have read or have heard all of these questions and understand them. The answers shown are the ones I gave in open court and they
are true and accurate. No one has told me to give false answers in order to have the Court accept my plea in this case. The terms and
conditions of the plea as stated within this transcript, if any, are accurate.
Signature
ACKNOWLEDGEMENT BY DEFENDANT
(24)
(25)
(26)
Have you agreed to plead guilty no contest as part of a plea arrangement? (If so, review the terms
of the plea arrangement as listed in No. 20 below with the defendant.)
20.
The prosecutor, your lawyer and you have informed the Court that these are all the terms and conditions of
your plea:
19. (19)
Name Of Defendant
STATE VERSUS
AOC-CR-300, Page Two, Rev. 3/10
© 2010 Administrative Office of the Courts
PLEA ARRANGEMENT
Date
As prosecutor for this Prosecutorial District, I hereby certify that the conditions stated within this transcript, if any, are the terms and
conditions agreed to by the defendant and his/her lawyer and myself for the entry of the plea by the defendant to the charges in this
case.
I hereby certify that the terms and conditions stated within this transcript, if any, upon which the defendant's plea was entered are
correct and they are agreed to by the defendant and myself. I further certify that I have fully explained to the defendant the nature and
elements of the charges to which the defendant is pleading, and the aggravating and mitigating factors and prior record points for
sentencing, if any.
Date
Signature Of Prosecutor
Name Of Prosecutor (Type Or Print)
Name Of Lawyer For Defendant (Type Or Print) Signature Of Lawyer For Defendant
CERTIFICATION BY PROSECUTOR
CERTIFICATION BY LAWYER FOR DEFENDANT
The defendant's plea (and admission) is hereby accepted by the Court and is ordered recorded.
AOC-CR-300, Page Two, Side Two, Rev. 3/10
© 2010 Administrative Office of the Courts
Date
Upon consideration of the record proper, evidence or factual presentation offered, answers of the defendant, statements of the lawyer for
the defendant, and statements of the prosecutor, the undersigned finds that:
1.
2.
3.
4.
5.
PLEA ADJUDICATION
Signature Of Presiding JudgeName Of Presiding Judge (Type Or Print)
There is a factual basis for the entry of the plea (and for the admission as to aggravating factors and/or sentencing points);
The defendant is satisfied with his/her lawyer's legal services;
The defendant is competent to stand trial;
The State has provided the defendant with appropriate notice as to the aggravating factors and/or points; The defendant has
waived notice as to the aggravating factors and/or points; and
The plea (and admission) is the informed choice of the defendant and is made freely, voluntarily and understandingly.
CERTIFICATION BY PROSECUTOR
The undersigned prosecutor enters a dismissal to the above charges pursuant to a plea arrangement shown on this Transcript Of Plea.
Signature Of Prosecutor
Date Name Of Prosecutor (Type Or Print)
File No. Count No.(s) Offense(s)
DISTRICT COURT DISMISSALS PURSUANT TO PLEA ARRANGEMENT
File No. Count No.(s) Offense(s)
SUPERIOR COURT DISMISSALS PURSUANT TO PLEA ARRANGEMENT
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Completed 14 August 2020

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