El Dorado — Plea in Absentia

Source: https://www.eldorado.courts.ca.gov/system/files/plea-absentia.pdf

IN THE SUPERIOR COURT OF CALIFORNIA, EL DORADO COUNTY

PLEA IN ABSENTIA

This form must be attached to the waiver form.

Defendant Name Case Number

DEFENDANT’S CERTIFICATION

I certify that I have read the front side of the attached plea and waiver form; or entirely, that I understand it; that my attorney has orally explained it to me; that I have personally and voluntarily placed the answers in the boxes and I enter a plea of __________________ to the charge of violation section(s) ____________________________________________ of the ____________________________Code.

I authorize and direct my attorney __________________________________________ to enter to the court in my absence my plea and admit any prior convictions as indicated on the attached waiver form. My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence in my absence. I specifically waive my right to personally enter my plea, I waive my right to be personally present when sentence is imposed, I waive my right to delay sentencing not less than six hours nor more than five days after entry of the plea, and I waive my right to personally address the court in mitigation of my sentence which may be imposed. I understand that if the court grants probation, the terms and conditions of probation may include, but not be limited to, fine, jail time, restitution, and the conditions that I not drive without a valid California driver’s license, not drive with any measurable amount of alcohol in my system, not refuse to take a chemical test or tests of blood, breath or urine when requested to do so by a peace officer, and obey all laws. I authorize my attorney to accept the conditions on my behalf.

Signed: ______________________________________________________ Dated: _________________________ Defendant’s Signature

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ATTORNEY’S CERTIFICATION

I certify that I am the attorney of record for the defendant and that I have fully discussed the matters on the attached plea and waiver form; or with the defendant and advised the defendant thereon; that the representations above are the defendant’s own; that the plea and waivers were intelligently, voluntarily and expressly made; and that I join in the plea and waivers, that the above signature and the signature on the waiver form, if not notarized, were made in my presence. I stipulate there is a factual basis for the plea, and that time is waived for judgment and sentencing.

Signed: ______________________________________________________ Dated: __________________________

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FINDINGS AND ORDER

This document having been completed and presented to the Court; the Court being satisfied that the plea and waivers were expressly, intelligently and voluntarily make; and the Court finding that there is a factual basis for said plea, the Court accepts such plea and enters it on the record.

Signed: ______________________________________________________ Dated: __________________________ Judge/Commissioner of the Superior Court

Local Form CR-109

Mandatory Use Form Eff. 02/23/2018

Plea in Absentia