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DEFENDANT: CASE NUMBER:

COURT'S FINDING AND ORDER

The Court, having questioned the defendant and defendant's attorney concerning the defendant's plea of Guilty/No Contest andadmissions of the prior convictions and allegations, if any, finds that: The defendant understands and voluntarily and intelligently waives his/her constitutional rights; the defendant's plea and admissions are freely and voluntarily made; the defendant understands the nature of the charges and the consequences of the plea and admissions; and there is a factual basis for same. The Court accepts the defendant's plea and admissions, and the defendant is convicted thereby.

Dated: Judge of the Superior Court

IMMIGRATION CONSEQUENCES

If you are not a U.S. Citizen, you should consult with your attorney or an immigration attorney about the immigration consequences of your plea, particularly if your offense might qualify as an “aggravated felony,” crime of moral turpitude, controlled substance offense, firearm offense, or domestic violence offense (see below). It is your attorney’s obligation to provide you with accurate and affirmative advice about the immigration consequences of your plea, and you have the right to additional time to evaluate those immigration consequences. By entering a plea, you are indicating to the court you know of and understand the specific immigration consequences that will result from your conviction.

Immigration consequences are a matter of federal law. Whether an offense qualifies as one of the “aggravated felonies” listed below is determined by federal statutes and case law. (See Esquivel-Quintana v. Sessions (2017) 137 S. Ct. 1562) Certain offenses defined as misdemeanors under State law may be considered “aggravated felonies” under federal law.

Any conviction of a non-citizen for an “aggravated felony” will result in removal/deportation, exclusion, and/or denial of naturalization. (See 8 U.S.C. § 1227(a)(2)(A)(iii).) “Aggravated felonies” (see 8 U.S.C. § 1101(a)(43)) include but are not limited to: (1) Murder; rape; or sexual abuse of a minor; (2) A crime of violence, as defined in 18 U.S.C. § 16, but not including a purely political offense;* (3) Trafficking of a controlled substance, firearms, destructive devices or explosive materials; (4) Money laundering if the amount exceeds $10,000; (5) An explosive materials offense; (6) A firearms offense; (7) A theft offense, including receipt of stolen property, or burglary offense;* (8) Child pornography; (9) Pimping, pandering, or operating a prostitution business; (10) Human trafficking; (11) Fraud or deceit in which the loss to the victim or victims exceeds $10,000; (12) Failure to appear by a defendant for service of a sentence if the underlying offense is punishable by imprisonment for a term of five years or more, or failure to appear to answer or resolve a felony for which a sentence of two years’ imprisonment or more may be imposed; (13) Commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered;* (14) Obstruction of justice, perjury or subornation of perjury, or bribery of a witness;* (15) An attempt or conspiracy to commit any of the above offenses.

• If the term of imprisonment is at least one year.

Other crimes (as defined by federal law) that may result in removal/deportation, exclusion, and/or denial of naturalization or other severe immigration consequences include, but are not limited to: (1) A crime of moral turpitude (see 8 U.S.C. §§ 1182(a)(2)(A)(i), 1227(a)(2)(A)(i)); (2) A controlled substance offense (see 8 U.S.C. §§ 1182(a)(2)(A)(i), 1182(a)(2)(C), 1227(a)(2)(B)); (3) A firearm or destructive device offense (see 8 U.S.C. § 1227(a)(2)(C)); (4) A domestic violence, stalking, or child abuse offense (see 8 U.S.C. § 1227(a)(2)(E)(i)); (5) Violation of a protective order (see 8 U.S.C. § 1227(a)(2)(E)(ii)); (6) A human trafficking offense (see 8 U.S.C. §§ 1182(a)(2)(H), 1227(a)(2)(F)); (7) Multiple criminal convictions with an aggregate sentence of five years or more (see 8 U.S.C. § 1182(a)(2)(B)); (8) A prostitution offense (see 8 U.S.C. § 1182(a)(2)(D)); A “serious criminal offense,” which includes any felony, a crime of violence, and reckless driving or DUI with injury (see 8 U.S.C § 1182(a)(2)(E)).

Form Approved for Mandatory Use www.imperial.courts.ca.gov CR-08 (Adopted 01/01/09, PLEA OF GUILTY/NO CONTEST Last Revised 06/01/22 by exec. order) FELONY Page 4 of 4 Pages