Merced — MSC-CR-231

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/msc-cr-231-plea-absentia-attachment-ada-comp.pdf

MSC-CR-231 Reserved for Clerk’s File Stamp SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED

PLAINTIFF

PEOPLE OF THE STATE OF CALIFORNIA

DEFENDANT

CASE NUMBER

PLEA IN ABSENTIA ATTACHMENT

DEFENDANT'S CERTIFICATION

I certify that I have read the attached plea form documents entirely, that I understand it; that my attorney has orally explained them to me; that I have personally and voluntarily placed the answers in the boxes and I enter a plea of _______________________________ to the charge(s) of _______________________________________________ _____________________________________________________________________________________________.

I authorize and direct my attorney to enter to the court, in my absence, my plea and admit any prior conviction(s) as indicated on the attached plea form and the complaint herein. 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 a delay in sentencing of not less than six hours nor more than five days after entry of 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 ARE NOT LIMITED TO, jail, a fine, restitution, an alcohol/drug program, and 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 these and ANY OTHER CONDITIONS imposed by the sentencing judicial officer on my behalf.

SIGN

Signature of Defendant Date

ATTORNEY'S CERTIFICATION

I certify that I am the attorney of record for the defendant; that I have fully discussed the matters on the attached plea form with the defendant and advised the defendant thereon; that the representations 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.

SIGN

Signature of Defendant’s Attorney Date

FINDINGS AND ORDER

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

SIGN

Signature of Judicial Officer Date

For Optional Use PLEA IN ABSENTIA ATTACHMENT Page 1 of 1 MSC-CR-031 [Rev. Oct. 24, 2022]