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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE GENERAL (The Superior Court of California - County of Orange)

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
GENERAL MISDEMEANOR GUILTY PLEA FORM
CASE NO.
PEOPLE vs.
L-1276 10/11/2019 Page 1 of 4
1. My true full name is
2. I understand that I am pleading GUILTY / NOLO CONTENDERE
and admitting
the following offenses, prior convictions and special punishment allegations, with the
maximum punishment indicated below:
CT.
CHARGE
PRIORS (Date)
ALLEGATIONS
MAX SENTENCE
JAIL/FINES
3. Remaining count(s), prior(s), and other allegation(s) dismissed on People’s motion.
4. I understand I am also charged with a violation of probation in case number
________________________.
RIGHTS AND WAIVERS
5. I understand I have the following constitutional rights, which I am waiving and giving up by entering my plea,
and, if applicable, by my admission of a probation violation:
5a. I have the right to be represented by an attorney at all stages of the proceedings until the case is
completed. If I cannot afford an attorney, one will be appointed to represent me. (For defendants
without an attorney: I am aware that there are dangers and disadvantages of representing myself and
there may be a value in obtaining advice from an attorney in this matter but I knowingly and voluntarily
waive and give up my right to an attorney and choose to represent myself.)
5b. I have the right to a speedy and public trial by a jury or a judge, and if charged with a probation
violation, the right to a hearing before a judge. I waive and give up this right.
5c. I have the right to confront the witnesses against me and to cross examine them. I waive and give up
this right.
5d.
I have the right to testify on my own behalf but I cannot be compelled to be a witness against myself
and may remain silent if I choose. I waive and give up this right.
5e. I have the right to present evidence and have the Court issue subpoenas to bring into Court all
witnesses and evidence favorable to me, at no cost to me. I waive and give up this right.
5f. Under the Fourth and Fourteenth Amendments to the United States Constitution, I have a right to be
free from unreasonable searches and seizures. If I am granted probation, I waive and give up this
right. I agree to submit my person and property, including any residence, premises, container, or
vehicle under my control which may include electronic devices, to search and seizure at any time of
the day or night by any law enforcement or probation officer, with or without a warrant, and with or
without reasonable cause or reasonable suspicion.
6. I understand I have the right to appeal an adverse ruling on a Penal Code 1538.5 suppression motion. I waive
and give up this right.
7. I understand that I have the right to have a delay in pronouncement of my sentence of not less than six hours
and not more than five days after my plea. I waive and give up this right and agree to be sentenced at this
time.
For Court Use Only
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
GENERAL MISDEMEANOR GUILTY PLEA FORM
CASE NO.
PEOPLE vs.
L-1276 10/11/2019 Page 2 of 4
8. Arbuckle Waiver: I understand I have the right to be sentenced by the judge who accepts this plea. I waive
and give up this right.
9. Harvey Waiver: I understand I may be required to pay restitution on a count that is being dismissed pursuant
to this plea agreement.
10. I understand I have the right to be present for the entry of the plea of guilty or nolo contendere, and I hereby
waive and give up that right.
11. I understand I have the right to reject probation, and I hereby waive and give up that right and accept probation
on the terms and conditions
as imposed by the court, or as contained in the attached Sentence
Recommendation form.
11a.
If the judge does not wish to follow the Prosecutor’s sentence recommendation, I may withdraw my
plea.
11b.
If I violate any of the terms of probation, I may be returned to court and sentenced up to the maximum
punishment as indicated on page 1.
11c.
I understand I have the right to a hearing before a judicial officer to determine whether I violated the
conditions of my court-ordered supervision and to determine the appropriate sanction for the violations.
I hereby waive and give up this right for all violations for which the county probation department orders
me to serve a “flash incarceration”, which can be a period of one to ten consecutive days in the county
jail. However, if I do not agree with the imposition of flash incarceration, I am preserving my right to
demand a hearing. I understand the court may not deny me probation if I elect not to sign this waiver.
CONSEQUENCES
12. I understand that some possible consequences of my plea and admissions are as follows:
12a.
There will be state penalty assessments added to any fines imposed by the court.
12b.
I will be ordered to pay a minimum of $150 and a maximum of $1,000 to the State Restitution Fund
unless the court makes a finding of “compelling and extraordinary reasons” for waiving this fine.
12c.
I will be ordered to pay a minimum of $150 and a maximum of $1,000 Probation Revocation Restitution
fine pursuant to Penal Code 1202.44. The restitution fine will be stayed but will be payable upon
revocation of probation.
12d.
I will be ordered to pay restitution on count(s) , and dismissed count(s) ______________
pursuant to Harvey Waiver, as part of the plea agreement, in the amount of $ , or in
an amount to be determined by the Court or the Probation Department. If I disagree with the amount
of restitution determined by the Court or Probation Department, I may request a court hearing to determine
the amount of restitution.
12e.
Immigration Consequences: I understand if I am not a citizen of the United States, the plea or my
conviction for the offense(s) charged will have the consequence of deportation, exclusion from
admission to the United States, and denial of naturalization pursuant to the laws of the United States.
12f.
Firearms Advisement: I am now prohibited from owning, purchasing, receiving, possessing, or having
under my custody or control any firearms, ammunition, and ammunition feeding devices, including but
not limited to magazines. I am ordered to relinquish all firearms and complete a relinquishment form
pursuant to Penal Code 29810.
12g.
If I am charged and convicted of a similar offense in the future, my plea today may be used to increase
my punishment for the new offense.
12h.
If I am presently on probation or parole for any previous conviction, my plea today may cause me to be
in violation of that probation or parole and result in additional penalties and/or punishment.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
GENERAL MISDEMEANOR GUILTY PLEA FORM
CASE NO.
PEOPLE vs.
L-1276 10/11/2019 Page 3 of 4
12i.
There may be additional consequences to my plea, as follows:
12i.
I may be required to register as a sex offender as required by Penal Code 290.
I may be required to register internet identifiers pursuant to Penal Code 290.024.
I may be required to register as a drug offender as required by Health and Safety Code section 11590.
I understand I will be required to register with the local police agency or sheriff’s department in the city
or county in which I reside and that if I willfully fail to register or to keep my registration current, new
criminal charges may be filed against me.
12j.
The Department of Motor Vehicles may take action and may suspend my driver’s license for specified
drug, alcohol offenses and vandalism, including the following:
EVERYONE convicted of Penal Code 594, 594.3, or 594.4 (Vandalism): up to a 2-year suspension.
UNDER 21 years of age – 1-year suspension for violation of Penal Code 647f, 191.5, 192.5; Health
and Safety Code sections involving dangerous drugs, controlled substances, and alcohol; Business
and Professions Code sections 25658, 25658.5, 25661, 25662; Vehicle Code section 23224.
EVERYONE convicted of a vehicle related offense involving a controlled substance including Health
and Safety Code sections 11350, 11351, 11352, 11353, 11357, 11359, 11360 and 11361; up to 3-year
suspension.
12k.
I understand I may be required to attend and complete an AIDS education program and submit to AIDS
blood testing (Penal Code 1202.1).
13. I understand I have the right to enter my plea before, and be sentenced by, a judge. I waive and give up this
right and agree to enter my plea before, and be sentenced by, a Commissioner or Temporary Judge:
___________________________________________ (enter name of Commissioner or Temporary Judge).
PLEA
14. I offer my plea and admit the listed priors and allegations freely and voluntarily. No one has made any threats,
used any force against me or my family or loved ones, and no one has made any promises to me other than
as on the Sentence Recommendation form.
15. I make my plea with a full understanding of all the matters set forth in the charging document and in this form.
I have read, understood, and personally initialed each item herein, and I understand that the signing and filing
of this form is conclusive evidence that I have pleaded
GUILTY / NOLO CONTENDERE to the charges
set forth.
16. Discussion with my attorney (Leave this box blank if you are not represented by an attorney). Before entering
this plea, I have had a full opportunity to discuss with my attorney the facts of the case, the elements of the
charged offenses and prior convictions (if any), any defenses that I may have, my constitutional and statutory
rights and waiver of those rights, the consequences of this plea, and anything else I think is important to my
case.
17. I offer the following as a factual basis for my plea:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
GENERAL MISDEMEANOR GUILTY PLEA FORM
CASE NO.
PEOPLE vs.
L-1276 10/11/2019 Page 4 of 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
DATED:
SIGNED:
(Defendant)
DEFENSE ATTORNEY’S STATEMENT: I am the attorney of record for the defendant. I have explained to defendant each of
the rights set forth on this form. I have discussed the charges and the facts with the defendant. I have studied the possible
defenses to the charges and discussed those possible defenses with the defendant. I have discussed the possible sentence
ranges with the defendant. I have advised the defendant of immigration consequences and have complied with the
requirements of California Penal Code 1016.3(a). I also have discussed the contents of this form with the defendant. I concur
with the defendant’s decision to waive the rights set forth on this form and to plead guilty. No promises of a particular sentence
or sentence recommendation have been made to the defendant by me, or to my knowledge by the prosecuting attorney or the
court, which have not been fully disclosed on this form. I agree that this form may be received by the court as evidence of
defendant’s advisement and voluntary, intelligent, knowing, and express waiver of the rights set forth on this form.
DATED:
SIGNED:
(Attorney of Record)
INTERPRETER’S STATEMENT:
I, __________________________________, having been duly sworn as a court
certified/registered/provisionally qualified interpreter, state that I am fluent in the ____________________________ language.
I translated the contents of this form to defendant in that language.
DATED:
SIGNED:
(Court Interpreter)
FOR THE PEOPLE: I am the prosecuting attorney in this case. I certify that I have complied with the requirements of California
Penal Code 1016.3(b).
DATED:
SIGNED:
Plea to the Court:
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE GENERAL (The Superior Court of California - County of Orange)

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Completed 8 February 2021

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