Mendocino — MCR-210

Source: https://www.mendocino.courts.ca.gov/system/files/forms-and-filings/mcr-210.pdf

Reserved for Clerk’s File Stamp SUPERIOR COURT OF CALIFORNIA, COUNTY OF MENDOCINO

UKIAH Courthouse TEN MILE Branch Court
100 North State Street 700 South Franklin Street
Ukiah, CA 95482 Fort Bragg, CA 95437

PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA

DEFENDANT:

CASE NUMBER: DEPARTMENT:

MISDEMEANOR DUI WITHOUT INJURIES ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code, §§ 23152, 23103(a)/23103.5, 23140, 23154, 14601 et seq., 12500(a))

INSTRUCTIONS

Fill out this form if you wish to plead guilty or no contest to the charges against you and admit the truth of the special allegations. Initial the box for each applicable item only if you understand it, and sign and date the form on page 7. If you have any questions about your case, the possible sentence, or the information on this form, as your attorney or the judge.

I, the defendant in the above-entitled case, personally and/or by my attorney, declare as follows:

1. Of those charges now filed against me in this case, I plead

   Guilty/No Contest 1.

to the following offenses and admit the enhancements, allegations, and prior convictions as follows: COUNT CHARGE ENHANCEMENT/ALLEGATION

PRIORS: (LIST ALLEGATION SECTION, CONVICTION DATE, CASE NUMBER AND CHARGE)

2. I have not been induced to enter the above plea by any promise or representation of any kind, except: (State any agreement with the prosecutor.) 2.

3. I am entering a plea freely and voluntarily, without threat or fear to me or anyone closely related to me. 3.

4. I understand that a plea of No Contest is the same as a plea of Guilty for all purposes. 4.

5. I am sober and my judgment is not impaired. I have not consumed any drug, alcohol or narcotic within the past 24 hours. 5.

MCR-210 (rev 0325)

NATURE OF THE CHARGES AND SPECIAL ALLEGATIONS (Initial all items with which you are INITIALS charged.) I understand that I am charged with a violation of Vehicle (Veh.) Code §§:

1. 23152(a) – Driving under the influence of alcohol……………………………...………………………. 1.
2. 23152(b) – Driving when my blood-alcohol concentration (BAC) was 0.08% or more.……………….. 2.
3. 23152(d) – Driving a commercial vehicle when my BAC was 0.04% or more…….…………….……... 3.
4. 23152(e) – Driving a vehicle with a passenger for hire when my BAC was 0.04% or more….………... 4.
5. 23152(f) – Driving under the influence of drugs………………………………………………………… 5.
6. 23152(g) – Driving under the influence of both alcohol and drugs………………………………..……. 6.

7 23103(a), 23103.5 – Reckless driving involving alcohol or drugs, or both……………………………... 7. 8. 23140 – Driving when my BAC was 0.05% or more when I was under 21 years old….…….………..... 8. 9. 23154 – Operating a vehicle while on probation for a DUI when my BAC was 0.01% or more…….…. 9. 10. Check if applicable – 14601(a) or 14601.1 or 14601.2 or 14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation………………. 10. 11. Check if applicable – 14601.3 (habitual traffic offender) – Accumulating a driving record history in knowing violation of a driver’s license suspension or revocation………………………….………… 11. 12. Check if applicable – 12500(a) – Driving without a valid driver’s license…………………………. 12.

I understand that the following special allegations have been alleged (Check if applicable):

13. Driving a vehicle when my BAC was at % or above. Willfully refusing to submit to or complete a peace officer’s request for a chemical test. Driving under the influence of alcohol or drugs, or both, in willful or wanton disregard for the safety of persons or property on a freeway at miles per hour, which is 30 or more miles per hour over the maximum, prima facie, or posted speed limit. Driving under the influence of alcohol or drugs, or both, in willful or wanton disregard for the safety of persons or property on a street or highway at miles per hour, which is 20 or more miles per hour over the maximum, prima facie, or posted speed limit. Driving under the influence of alcohol or drugs, or both, while a minor under 14 years of age was a passenger in the vehicle. 13.

14. If applicable – I understand that I am also charged with the following other offense(s):

    TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 14.

15. If applicable – I understand that I am also charged with the following other conviction(s):

    LIST OFFENSE(S), CASE NUMBER(S), AND DATE(S) 15.

16. If applicable – I am also charged with violating the probation order(s) in the following case(s):

    CASE NUMBER(S), AND DATE(S) 16.

17. I understand the charge(s) and allegation(s) against me, and the possible pleas and defenses………….. 17.

MCR-210 (rev 0325)

CONSTITUTIONAL RIGHTS AND PRIVILEGES

18. RIGHT TO AN ATTORNEY – I understand that I have the right to be represented by an attorney

throughout the proceedings. I understand that the court will appoint a free attorney for me if I cannot afford to hire 1, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself…………………………… 18.

19. RIGHT TO A JURY TRIAL – I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt………………………………………………………. 19.
20. RIGHT TO CONFRONT WITNESSES – I understand that I have the right to confront and cross-

examine (see, hear, and question) all witnesses testifying against me…………………………………... 20.

21. RIGHT AGAINST SELF INCRIMINATION – I understand that I have the right to remain silent

and a right not to incriminate myself, and the right to testify on my own behalf during any proceeding. I understand that by pleading guilty or no contest, or admitting other conviction(s) or probation violation(s), I am incriminating myself………………………………………………………………….. 21.

22. RIGHT TO PRODUCE EVIDENCE – I understand that I have the right to present evidence and to

have the court issue subpoenas at no cost to me to compel attendance of witnesses in court and the production of evidence favorable to me. I have the right to testify in court if I waive my privilege against self-incrimination…………………………………………………………………………........... 22.

RIGHTS ON CHARGES OF OTHER CONVICTION(S), ENHANCEMENT ALLEGATION(S), AND PROBATION VIOLATION(S)

23. If applicable – I understand that I have the right to an attorney, the right to a jury trial, the right to

    confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s), enhancement allegation(s), or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, but do have the right to a hearing before a judge………………...…………………………… 23.

WAIVER OF RIGHTS

Understanding all of the above, for all of the charges and allegations against me, including any other alleged conviction(s) or probation violation(s):

24. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an

attorney)………………………………………………………………………………………………….. 24. 25. I give up my right to a jury trial…………………………………………………………………………. 25. 26. I give up my right to confront and cross-examine witnesses……………………………………………. 26. 27. I give up my right to remain silent and to not incriminate myself………………………………………. 27. 28. I give up my right to produce evidence and witnesses on my own behalf………………………………. 28.

MCR-210 (rev 0325)

CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST PLEA 29.. I understand that if I am not a citizen, a plea of guilty or no contest (nolo contendere) could result in my deportation, exclusion from admission to this country, or denial of naturalization………...………. 29. 30. I understand that a plea of no contest will have the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony..……………. 30. 31. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously been granted to me in any other case……………………………………………………. 31. 32. I understand that the Department of Motor Vehicles (DMV) will consider any of my other convictions for driving under the influence of alcohol or drugs or their combined influence (DUI) or reckless driving, even those that are not charged in this proceeding, and may impose a more severe license suspension or revocation as a result……………………………………………………………………... 32. 33. I understand that in addition to the fine, the court will add a surcharge, assessments, and penalties, and may add fines, which will significantly increase the amount I must pay. I may also be ordered to make victim restitution, if any, and to pay a restitution fine no less than $150 and up to $1,000, unless the court finds compelling and extraordinary reasons not to do so……………...……… 33. 34. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to operate a motor vehicle, and it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder………………………... 34.

I understand that if I am the registered owner of the vehicle used in the offense:

35. The court may impound my vehicle at my expense for up to 90 days, unless it is in the interests of justice not to do so. The court may also declare my vehicle to be a nuisance and order it sold

    following a hearing if I have 2 or more other convictions for DUI, vehicular manslaughter (Penal (Pen.) Code, §§ 191.5 or 192.5, subd. (a)), or any combination thereof, in the past 7 years…………… 35.

36. The court or DMV may also require me to install and maintain a functioning, certified ignition

    interlock device for up to 3 years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid driver’s license……….…. 36.

37. If I am convicted of a second or subsequent violation of driving with a suspended or revoked license

    (Veh. Code, § 14601, et seq.) or driving without a license (Veh. Code, § 12500, subd. (a)), my vehicle may be subject to forfeiture as a nuisance……………………………………………………………….. 37.

MCR-210 (rev 0325)

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (§ 23152) Offense Minimum and Maximum Sentences when Minimum and Maximum Probation is Granted Sentences without Probation (3 to 5 years Probation Term) First offense The court may order a jail term of 48 hours to 6 96 hours to 6 months in jail, and a $390 within 10 years months. It will impose a fine of $390 to $1,000 and to $1,000 fine. The DMV will also See Nos. 38-52 order me to complete a 3-month or longer alcohol/drug impose a 6-month driver’s license treatment program. If my BAC was 0.20% or more, or suspension. if I refused a chemical test upon my arrest, I must complete a 9-month or longer treatment program. The DMV will also impose a 6-month driver’s license suspension, or a 10-month suspension if the 9-month program is required. Second offense A jail term of either: 90 days to 1 year in jail, and a $390 to within 10 years (a) 10 days to 1 year, or $1,000 fine. The DMV will also impose See Nos. 38-52 (b) 96-hours to 1 year; a $390 to $1,000, and a 2-year driver’s license suspension. completion of at least an 18-month (or at least a 30-month) alcohol/drug treatment program. Note: The DMV will also impose a 2-year driver’s license suspension. Third offense 120 days to 1 year in jail, a $390 to $1,000 fine, and 120 days to 1 year in jail, and a $390 to within 10 years completion of an 18-month (or 30-month) alcohol/drug $1,000 fine. The DMV will impose a 3- See Nos. 38-52 treatment program if I have not completed 1 before. year driver’s license revocation. The The DMV will impose a 3-year driver’s license court may impose a 10-year driver’s revocation. The court may impose a 10-year driver’s license revocation. license revocation. Fourth or subsequent 180 days to 1-year in jail, a $390 to $1,000 fine, and 16 months or 2 or 3 years imprisonment, offense completion of an 18-month alcohol/drug program if I (or 180 days to 1-year in county jail); within 10 years (may be a have not completed 1 before. The DMV will impose a and a $390 to $1,000 fine. The DMV felony) 4-year driver’s license revocation. The court may will impose a 4-year driver’s license See Nos. 38-52 impose a 10-year driver’s license revocation. revocation. The court may impose a 10- year driver’s license revocation. Offense with felony prior The court may order a jail term of up to 1 year (or with 16 months, or 2 or 3 years imprisonment within 10 years of a felony a waiver (see No. 51), the court may order a jail term in state prison (or not more than 1-year violation of Veh. Code, §§ of up to 3-years) (See Pen. Code, §§ 19.2, 1203.1, in county jail); and a $390 to $1,000 23152 or 23153, or Pen. subds. (a), (a)(2)), up to $1,000 fine, and completion of fine. The DMV will impose a 4-year Code, § 192, subd. (c); or a an 18-month (or 30-month) alcohol/drug program. The driver’s license revocation. If the felony violation of Pen. DMV will impose a 4-year driver’s license revocation. conviction is also a third or subsequent Code, § 191.5, subd. (b); or If the conviction is also a third or subsequent DUI (§§ DUI (§§ 23152, 23153) within 10 years, any violation of Pen. Code, 23152, 23153) within 10 years, the court may impose a the court may impose a 10-year driver’s §§ 191.5, subd. (a) or 192.5, 10-year driver’s license revocation. license revocation. subd. (a). See Nos. 38-52

SENTENCES FOR RECKLESS DRIVING (§§ 23103(a) AND 23103.5)
Nature of Minimum and Maximum Sentences Other Consequences
Offense

Reckless driving If probation is granted: A maximum of 90 days in jail, or $1,000 If alcohol or drugs are involved, reduced from fine, or both, plus attendance at a this conviction will act as a driving under the treatment program. separate DUI conviction if I If probation is not granted: 5 days to 90 days in jail, or $145 to commit a subsequent DUI offense influence $1,000 fine, or both. within 10 years.

MCR-210 (rev 0325)

SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION Veh. First Offense Second or Subsequent Offense Code § Prior conviction(s) in the past 5 years of §§ 14601(a), 14601.1, 14601.2, or 14601.5 14601(a) 5 days to 6 months in jail, and a fine of $300 to $1,000 10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation imposed. 14601.1 Up to 6 months in jail, or a fine of $300 to $1,000, or 5 days to 1 year in jail, and fine of $500 to $2,000 both 14601.2 10 days to 6 months in jail, and a fine of $300 to $1,000. 10 days in jail required if probation is imposed. If I have been designated as a habitual traffic offender within 3 years of this conviction, in addition to the penalties above, I will be sentenced to serve 180 days in jail and to pay a $2,000 fine. 14601.5 Up to 6 months in jail, or a fine of $300 to $1,000, or 10 days to 1 year in jail, and a fine of $500 to $2,000. both Note – § 14601.3 also constitutes a prior conviction for this offense. Veh. First Offense Second or Subsequent Offense Code § Prior conviction(s) in past 7 years of § 14601.3. 14601.3 30 days in jail, and a fine of $1,000. 180 days in jail, and a fine of $2,000.

SENTENCE FOR DRIVING WITHOUT A VALID DRIVER’S LICENSE (§ 12500(a))
Nature of Offense Maximum Sentence

Driving without a valid driver’s license Maximum of 6 months in jail, or $1,000 fine, or both.

ENHANCED SENTENCES – EXCESSIVE SPEED (§ 23582) Sentence Enhancement – Whether or Not Probation is Granted

If I recklessly drove 30 or more miles per hour above the My sentence will be increased by 60 days in jail. If this is my first § speed limit on a freeway, or 20 or more miles per hour 23582 conviction, the court will order me to complete an alcohol/drug above the speed limit on any other street or highway program, even if probation is not granted. during the commission of a violation of § 23152 or 23153:

ENHANCED SENTENCES – WILLFUL REFUSAL (§ 23577)
Offense Sentence Enhancement Driver’s License Suspension or Revocation

First offense If I am granted probation, the court The DMV will impose a 1-year driver’s license suspension. within 10 years will order me to serve a mandatory See Nos. 38-52 jail term of 48 hours to 6 months. Second offense My sentence will be increased by 96 The DMV will impose a 2-year driver’s license revocation if: (1) within 10 years hours in jail. I have a prior conviction in the past 10 years of Veh. Code §§ See Nos. 38-52 23103 (under § 23103.5), 23140, 23152, 23153, or Pen. Code §§ 191.5, 192.5, subd. (a); or (2) the DMV previously suspended or revoked my driver’s license in the past 10 years pursuant to Veh. Code §§ 13353 or 13353.2 of an offense that occurred on a separate occasion. Third offense My sentence will be increase by 10 The DMV will impose a 3-year driver’s license revocation if: (1) within 10 years days in jail. I have any combination of 2 or more prior convictions in the past See Nos. 38-52 10 years of Veh. Code §§ 23103 (under 23103.5), 23140, 23152, Fourth or My sentence will be increased by 18 23153, or Pen. Code §§ 191.5, 192.5, subd. (a); (2) the DMV subsequent offense days in jail. previously suspended or revoked my driver’s license 2 or more within 10 years times pursuant to Veh. Code, §§ 13353 or 13353.2 for an offense See Nos. 38-52 that occurred on a separate occasion; or (3) any combination of 2 or more of the above prior convictions or driver’s license suspensions or revocations.

MCR-210 (rev 0325)

ENHANCED SENTENCES – PASSENGER UNDER 14 YEARS OF AGE (§ 23572) Offense Sentence Enhancement – Whether or not Probation is Granted First offense My sentence will be increased by 48 continuous hours in jail. within 10 years See Nos. 38-52 Second offense My sentence will be increased by 10 days in jail. within 10 years See Nos. 38-52 Third offense My sentence will be increased by 30 days in jail. within 10 years See Nos. 38-52 Fourth or subsequent offense My sentence will be increased by 90 days in jail. within 10 years (misdemeanor only) See Nos. 38-52

38. I have read and understand the applicable charts on pages 4 through 6 which list the minimum and

    maximum penalties for the offense(s) with which I am charged. (See No. 39 for the offenses not listed in the charts.) 38.

39. If applicable – I understand that the possible consequences for the offense(s) charged, which are not

    listed on the penalty charts on pages 4 through 6, include the following: N

    § NUMBER JAIL – MIN. MAX JAIL – MIN. MAX

    OTHER CONSEQUENCES: N

    § NUMBER JAIL – MIN. MAX JAIL – MIN. MAX

    OTHER CONSEQUENCES: N

    § NUMBER JAIL – MIN. MAX JAIL – MIN. MAX

    OTHER CONSEQUENCES: N

    § NUMBER JAIL – MIN. MAX JAIL – MIN. MAX

    OTHER CONSEQUENCES:

MCR-210 (rev 0325)

ADDITIONAL PENALTIES 40. I understand that the DMV will suspend my driver’s license under an administrative procedure which is separate from this criminal action. I understand that the DMV’s action, if any, will be in addition to the court’s sentence and that I must obey it……………………………………………………………... 40. 41. I understand that the DMV will notify me that I am required to install a functioning, certified ignition interlock device in all vehicles that I own or operate, and it will issue a restricted license if I comply. I understand that I must keep the DMV advised of my current mailing address to receive this notice…... 41. 42. I understand that the DMV will not restore my driving privilege following a driver’s license suspension unless I provide the DMV with proof of insurance for 3 years……………………………... 42. 43. I understand that proof of my successful completion of an alcohol/drug program must be received at DMV headquarters in order for me to have my driving privilege reinstated, even if I am not ordered to attend such a program by the court. If I have not already surrendered my license, I also understand that I must surrender my license to the court………………………………………………... 43. 44. I understand that the DMV will prohibit me from operating a commercial vehicle for 1 year if I am convicted of a first DUI offense or willful refusal to submit to or complete a chemical test to determine my BAC which occurred in any vehicle. The DMV will prohibit me from operating a commercial vehicle ever again if I am convicted of a second or subsequent DUI offense or willful refusal to submit to or complete a chemical test in any vehicle…………………………………………. 44. 45. I understand that the DMV will revoke my driver’s license for a period of 4 years if I have a prior felony conviction in the past 10 years of: Veh. Code §§ 23152 or 23153; Pen. Code §§ 191.5, subd. (b) or 192.5, subd. (c)(1); or any conviction within 10 years of Pen. Code §§ 191.5, subd. (a) or 192.5, subd. (a)…………………………………………………………...……………………………………... 45. 46. I understand that if I was under the age of 21 at the time of my arrest, my driver’s license will also be suspended for 1 year, and I must surrender my license to the court…………………………………….. 46. 47. I understand that if my BAC was 0.15% or more, or if I refused to submit to a chemical test, the court will consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation…………………………………………………………………………….. 47. 48. I understand that if I am placed on probation, it is unlawful to drive with a BAC of 0.01% or greater and that the DMV will suspend my license for up to 1 year if I do so. If I violate my probation by driving with a BAC of over 0.04%, the court will only grant me a new term of probation if I serve not less than 48 hours in county jail for each of these violations……………………………………..……... 48. 49. I understand that if I am convicted of a third or subsequent DUI violation, I will be designated as a habitual traffic offender for 3 years after my conviction, and I may receive an enhanced sentence if I drive in violation of my license revocation. If probation is granted, I may also request to participate in a 30-month treatment program. If the court grants my request, I will be sentenced to the county jail for at least 30 days but not more than 1 year as a condition of my probation…………………………… 49. 50. If applicable – I understand that if I am convicted of a violation of Veh. Code § 14601.2, or if the charge was for a violation of that section but I am pleading to Veh. Code § 14601(a), 14601.1, or 14601.5, the court will order me to install a functioning, certified ignition interlock device on any vehicle that I own or operate for up to 3 years. Installation of this device does not authorize me to drive without a valid driver’s license……………………………………………..……………………... 50.

MCR-210 (rev 0325)

51. If applicable – I understand that I have a statutory right to not be sentenced to more than 1 year in

    county jail as a condition of probation. I give up this statutory right and agree to be sentenced to more than 1 year in county jail for a period up to and including the maximum time fixed by law……...……. 51.

52. If applicable – I understand that if I have previously been convicted of a violation of Veh. Code §

    23152 or 23153 that occurred more than 10 years ago, or if I have previously been convicted of a violation of Pen. Code § 647, subd. (f) (public intoxication), I will be ordered to attend and complete an alcohol and drug problem assessment program. If the program assessment recommends additional treatment, the court may order me to enroll, participate in, and compete an 18-month or 30-month treatment program, even if I am convicted of a first offense……………………………...…………….. 52.

PLEAS 53. I hereby freely and voluntarily plead to: GUILTY OR NO CONTEST

LIST CHARGE(S) 53.

SPECIAL ALLEGATION ADMISSIONS

If applicable – I admit the truth of the following special allegations:

54. I drove a vehicle when my BAC was at % or above.

I willfully refused a peace officer’s request to submit to, or willfully failed to complete, a
chemical test.

When I drove a vehicle under the influence of alcohol or drugs, or both, I drove in willful or
wanton disregard for the safety of persons or property on a freeway at miles per hour,
which is 30 or more miles per hour over the maximum, prima facie, or posted speed limit.

When I drove a vehicle under the influence of alcohol or drugs, or both, I drove in willful or
wanton disregard for the safety of persons or property on a street of highway at miles per
hour, which is 20 or more miles per hour over the maximum, prima facie, or posted speed limit.

When I drove a vehicle under the influence of alcohol or drugs, or both, a minor under 14 years of age was a passenger in the vehicle. 54. 55. If applicable – I freely and voluntarily admit the other conviction(s) that I listed on this form, and I understand that this admission will increase the penalties which are imposed on me…………………. 55. 56. If applicable – I freely and voluntarily admit the probation violation(s) that I listed on this form and give up my right to a hearing before a judge regarding the probation violation(s)…………………..… 56. 57. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced for a misdemeanor. I give up this right and agree to be sentenced at this time…………………………..…. 57. 58. If applicable – I understand that I have the right to enter my plea before, and to be sentenced by, a judge. I give up this right and agree to enter my plea before, and to be sentenced by:

TEMPORARY JUDGE’S NAME 58.

DEFENDANT’S SIGNATURE: DATE:

MCR-210 (rev 0325)

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant’s rights to the defendant and answered all of the defendant’s questions with regard to this plea. I have also discussed the facts of the defendant’s case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I stipulate to a factual basis for the plea(s) and admission(s) based upon the police reports, and have explained to the defendant that he or she may enter a plea if he or she feels to do so is in his or her best interests. I concur in this plea and in the defendant’s decision to waive his or her constitutional rights.

DEFENDANT’S ATTORNEY’S SIGNATURE DATE

INTERPRETER’S STATEMENT

I, having been sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language indicated below. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form.

Language: Spanish Other (specify):

COURT INTERPRETER’S SIGNATURE TYPE OR PRINT NAME DATE

DISTRICT ATTORNEY’S STATEMENT

I have read this form and understand the terms of the plea agreement.

I agree do not agree with the terms of the plea agreement and the indicated sentence.

ATTORNEY’S SIGNATURE DATE

COURT’S FINDINGS AND ORDERS

The court, having reviewed this form and any addenda, and having questioned the defendant concerning the defendant’s constitutional rights and the defendant’s admission of other conviction(s), enhancement allegation(s), and probation violation(s), if any, finds that the defendant has expressly, knowingly, understandingly, and intelligently waived his or her constitutional rights. The court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea(s). The court accepts the defendant’s plea(s), the defendant’s admission of the other conviction(s), enhancement allegation(s), and probation violation(s), if any, and orders this form filed and incorporated in the docket by reference as though fully set forth therein.

JUDGE OF THE SUPERIOR COURT DATE
TEMPORARY JUDGE OF THE SUPERIOR COURT

MCR-210 (rev 0325)