DOCUMENT 24 IN THE CIRCUIT COURT or our SENTENCING onus [feel 17The defendan appears in Court for sentencing with counsel and higng pie}? beng guilty, and waived?sentencing hearing, is adjudicated Guilty a Y0, underlying offense, of as charged/embraced/arnended in the indictmfita- Having be? given an opportunity to say Elly sentence should not now be imposed, the defendant is sentenced to a term of in the custody of: The Department of Corrections (DOC) El Sheriff of Fayette County. I. SENTENCE LEN EIThis offense El IS NOT a Presumptive Sentencing Standards Offense. The Court has reviewed, considered and complied with the Sentencing Standards Worksheet. [:IAggravatorsleitigators ?l?he following enhancements apply and were incor ted in the sentence imposed above: . HABIT UAL OFFENDER ACT: The Court finds that the defendant was duly convicted of prior adult Offense(s) and had reasonable notice of the State?s intention to seek enhancement under the Act. This is a straight sentence to be served. Sentence Suspended defendant placed on I: supervised [junsupervised probation for El AS a first condition of probation (Split Sentence) defendant shall serve a term of in the custody of DOCIZI Sheriff of Fayette SAP RETURN Defendant shall successfully complete Substance Abuse Program at DOC and shall be released from DOC upon noti?cation to the Court. The Court shall be notified if defendant fails to complete SAP. gStraight Split Sentence- The defendant shall serve a term of in the custody 00b DOC Sheriff of Fayette ?ounty. Following incarce the unserved portion of the sentence sha 1 be suspended and the defendant shall be placed on supervised probation for a term of Kent/cm 6 . SAP Return - Defendant shall successfully complete Substance Abuse Program at DOC and shall be released from DOC upon noti?cation to the Court. The Court shall be notified if defendant fails to complete SAP. I: Reverse Split Sentence - The defendant shall serve a term of in the custody of DOC Sheriff of Fayette County. Following incarceration the unserved portion of the sentence shall be suspended and the defendant shall be placed on supervised probation for a term of . The period of the split sentence is postponed for a period which point the defendant is ordered to appear before this Court and show cause, if any he/she has, why postponed further. ,at tenced should be MAY 10 2015 a tat-ea rut it do Ii ,1 The defendant shall be given jail credm in an amount determined by the Clerk II ll CLERK Fh?i?E TTF. ICU, ill Sentence shall run concurrently with The defendant shall ful?ll the following as special conditions of probation, parole, Community Corrections or any other release program. Defendant shall have no contact or communication, direct or indirect, with II. DRUG defendant shall: l:l Successfully complete evaluation and Substance Abuse Program as directed and monitored by CRO and pay all cost and fees [:lPay the Forensic Science Trust Fund fee i-?ay the Drug Demand Reduction Assessment of $l000.00 $2000.00 which may be suspended pursuant to applicable law [:ISurrender all Driver?s License to the Department ofPublic Safety for suspension, Fine . SEX OFFENSE Section et seq. applies, defendant is required to comply with the requirements of the AlabamgS? Offender Registration and Community Noti?cation Act. iV. DEF NDANT S?eli. W0 i nmunity Corrections Program, and pay Community Corr ns Program fe Court Clerk: Eliseo? rt Cost VA 25 @bppointed Attorney Fees in an amount to be determined Bail Bond Fee Misdemeanor-Pay costs of housing and medical expenses Restitution Payment shall be a condition ibation, parole. Community Corrections. work release. SIR, or any other release program. All court ordered 1 nie?sh ll ai within month. We date ofthi.? se tcncing order. J, hid/Jambal' . tul?aziwhifgafanw com/t?" men?C'? 50%Wiwvaegw EAL Defendant did not rve any Issues for appeal. clad" If the conviction is a Sentencing Standards Worksheet Offense. the Court Cler .- 3' ?ommission with? ?dad/sch 3i} miter a copy of the Sentencing Order and a copy of the worksheet in this case. NJ .1 J.) Samuel Junkin, Circuit Judge DOCUMENT 24 EXPLANATION OF RIGHTS AND C'iie'iumbri Unified Judicial System PLEA OF GUILTY 4? . . - . . Count Form Reg (Habitual Felony Offender?Circuit or District Court) leount ii. if Applicable} (FOR OFFENSES COMMITTED ON OR AFTER JUNE 1. 2006)_ IN THE COURT OF . EriinrD. r: or if) 0? f0, sure or? - Wye MY i 2015 Defendant TO THE ABOVE-NAMED DEFENDANT: The Court having been informed that you wish to enter a plea ofguilty in his ?ll/100W rights as a criminal defendant. iRllUii CO Al TI BLE ?i f. You are Charged with the crime of ?42ch 6. AW, .7 .4h?:ch is fife 6 'I?l'elony. The court has been inlorWial you desire to enter a plea ofguiity to this offense cram to the crime of which is a Felony. The sentencing range of the above crime(s) is set 0 low: FELONY Class A Not less than ten (10) years and not more than ninety?nine(99} years imprisonment or life imprisonment in the state penitentiary. including hard labor and may include a line not to exceed 600.0000. Class 3 Not less than two (2) years and not more than twenty (20) years Imprisonment in the state penitentiary. including hard labor and may include a fine not to exceed $30,000. For Imprisonment not more than 3 years. confinement may be in county jail and sentence may Include hard labor for county. Jam Not less than one (1) year and one it) day and not more than ten (to) years imprisonment In the state penitentiary. Including hard labor and may Include a fine not to exceed $15.000.For imprisonment not more than 3 years. con?nement may be In county jail and sentence may Include hard labor. As a reported habitual offender. you are further advised that the Alabama Habitual Offender Act. $ectlon leans-s. Ala. Code 1975. as amended by Act 2000-759. provides the following enhanced punishment for anyone who has been previously convicted of one or more felonies and otec of a subsequenoe felony: Prior Felonies No One Two Three+ This offense Prior Felonies Prior Felony Prior Prior Felonies 1 Yr. air. 1 Day 10 Years 2 20 Years to 99 Years 15 99 Years or Life In State Penitentiary In State Penitentiary In State Penitentiary In State Penitentiary Fins Up To ?3.000 Fine UP To 530.000 MQue LJP To Fine Up To 500.000 2 20 Years I0 99 Years 01' Life Is 99 Years or Life Mandatory Life imprisonment or any term Clan Felony In State Penitentiary In State Penitentiary in State Penitentiary ofnot less than 20 years. Fine To Fine Up TO $30000 Fine Up To $60000 Fine Up To 360.000 $60000 to 99 Years or Lil?c l5 99 Years or Life Life imprisonment or Any Tenn Mandatory Imprisonment For Life or Life .9 Felony In State Penitentiary In State Penitentiary 0f Years Not Less Than 99 Imprisonment Without Possibility of ?:??gfww Ci? Fine Up To 560.000 Fine Up To Fine Up To $00,000 Parole. Pine Up To ss0.000 Cl!? 0 l0 99 Years or Li l?e l5 99 Years or Life Life Imprisonment or Any Tenn Mandatory imprisonment For i" in State Penitentiary in State Penitentiary Of Years Not Less Than 99 Life Without Possibility of Parole ?"V?W?f?gf?gy A Fine Up To Fine Up To Fine Up To 560.000 Fine Up To soopoo Multiple Sentences. if you face multiple sentences for multiple crimes. the court may order your sentence for the above crime to run consecutively to or concurrently with the other sentence or sentences. Costa Crime Victim?s Assessment: You will also be ordered to pay the costs of court. which may include the fees of any appointed attorney. ?nes. fees. assessments. and restitution if there is any. You will also be order to pay an additional monetary penalty for the use and bene?t of the Alabama Crime Victims Compensation Commission of not less than $50 and not re than $10,000 for each felony and not less than $25 and not more than $1.000 for each misdemeanor for which you are convicted. This crime Is also subject to the following enhancements or additional on El Enhanced Punishment For Use Of Firearm 0r Deadly Weep ltlee as provided by law: (Provisions Checked Apply To Your Case) - sections 13A-5-0 (4) and (5). Ala. Code 1075. provide for the enhancement of a punishment for a Class A. B. or C. felony in which a "firearm deadly weapon was used or attempted to be used in the commission of the felony.? This section provides for the following punishments in such event . For the commission of a Class A Felony. a term of Imprisonment of not less than 20 years: For the commission of a Class or Felony. a term of imp sonment of not less than 10 years. El Enhanced Punishment for a Felony Criminal Sex 0 one Involving a Child: Sections ran-5o (4) and (5). Ala. Code 1975. provide for the enhancement of a punishment for a Class A or felon criminal sex offense involving a child under the age of 12 or involving child pomography. These Sections provide for the following punishment in such vents: For a Class A felony criminal sex offense. not less than 20 years; For a Class felony sex offense. not less than 10 years. . El Enhanced Punishment for Drug Dale Near dchoo Section Code 1975. provides that any person who is convicted of unlawfully selling any controlled substance within a three (3) mile radius fa public or private school. college. university or other educational institution. must be punished by an 000% penalty of ?ve years' imprisonment for edit violation. :1 Enhanced Punishment for Drug Sale Near dosing Project: Section tea-12am. Ala. Code 1975. provides that any person who is convicted of unlawfully selling any controlled substance wit In a three (3) mile radius of a public housing project owned by a housing authority must be punished by an Editions) penalty of ?ve years imprisonment a state correctional facility for each violation. El Enhanced Punishment For Sales Of Co rolled Substance To One Under the age of 18: Section 13A-12-215. Ala. Code 1975. provides that anyone convicted of selling. or giving try a controlled substance to one who has not yet attained the age of 10 years. shall be guilty of a Class A Felony and the punishment imposed she not be suspended or probation granted. El Drug Demand Reduction Assocsme tAct and Lou of Driving Privileges: Section provides that any person convicted of a violation of Sections 13A-12-202. 13.442403. 1 42-204. 13A-12-212. 13A-12-215 or l3A?12-231. Ala. Code 1975. shall be assessed an additional penalty of $1.000 if he or he is a ?rstallrne offender or $2.000 if he or she is a repeat offender under one of these sections. Collection of all or part of the penalty will be suspend it. with court approval. the defendant enters a drug rehabilitation program and if the defendant agrees to pay for a part or all of the program costs. Upo successful completion of the program. the defendant may apply to the court to reduce the penalty by the amount actually paid by him or her for participati in the program. Any suspension of the penalty can be withdrawn by the court if the defendant fails to enroll in or successfully pursue or othenuise fail to co plete an approved program. In addition. pursuant to Section (unlawful possession of marijuana in the second degree). Section 32-5Ae19 or Section 32-04 offenses involving drugs). the defendant will lose his or her privilege to drive a motor vehicle for a period of six onths. which shall be in addition to any suspension or revocation otherwise provided by law. or DOCUMENT 24 EXPLANATION OF RIGHTS AND PLEA 0F GUILTY Form ?1?52 (back) Rev. ?3?12 {Habitual Felony Offender Circuit/District Court) El AlcohoilDrug Related Offenses: A person convicted of an alcohol drug-related offense will be required to undergo an evaluation for substance abuse. Based upon the results of any such evaluation. he or she wil a required to complete the recommended course of education andfor treatment and to pay for the evaluation and any program to which the defend tis referred. Failure to submit to an evaluation or failure to complete any program to which the defendant may be referred will be considered a violation any probation or parole he or she may be granted. The defendant may also be required to attend monitoring sessions. Including random drug and alcohol sting or blood. urine andlor breath tests and to pay a fee for this service. The defendant may request a waiver of part or all of the fees assessed If or she is indigent or for any portion of time he or she is financially unable to pay. Community service may be ordered by the court in lieu oftho onstary payment of fees by an indigent. El Enhanced Punishment fora Criminal Sex Offense: A son convicted of a sex offense is required to comply with the requirements of the Alabama Sex Offender Registration and Noti?cation Act (Section 1 20M . et seq.. Ale. Code. 197?5). Drug Trafficking Offenses: Convictions for drug be king while in possession of a ?rearm Includes-an additional mandatory period of incarceration of 5 years and a mandatory ?ne of 525.000. :1 DUI Offenses: Pursuant to 32-5A-191A. Code of A bama 1975. persons convicted of driving under the influence are subject to installation of an ignition interlock devices on motor vehicles. El Drug Possession: if any person is convicted as defined In Section 13A-12-21 1 to tdA-l 2- Ala. Code1975. Cl Other: any court of this state for drug possession. drug sale. drug trafficking. or drug paraphernalia offenses 0. inclusive. Ala. Code 1975. an additional fee of $100.00 will be assessed pursuant to Section 36-16-7. WW Under the Constitution of the United States and the Constitution and laws of the State of Alabama. you have a right to remain silent and you may not be compelled to give evidence against yourself. You attorney cannot disclose any confidential talks helshe has had with you. You are not required to answer any questions. If you do answer questions knowing that you have a right to remain silent. you will have waived this right. You have the right to enter. and continue to assert. a plea of?th Guilty? or "Not Guilty by Reason of Mental Disease or Defect". and have a public trial before a duly selected jury. Thejury would decide your guilt or innocence based upon the evidence presented before them. if you elect to proceed to trail. you would have the right to be present. you would have the right to have your attorney present to assist you. you would have the right to confront and cross examine your acouser(s} and all the State's witnesses. you would have the right to subpoena witnesses to testify on your behalf and to have their attendance In court and their testimony required by the court. and you would have the right to take the witness stand and to testify. but only if your choose to do so. as no one can require you to do this. ifyou elect to testify. you can be cross examined by the State. just as any other witness is subjected to cross examination. if you decide not to testify. no one but your attorney will be allowed to comment - about that fact to the jury. Your attorney is bound to do everything ha/she can honorably and reasonably do to see that you obtain a fair and Impartial trial. If you elect to proceed to trial. you come to court presumed to be innocent. This presumption of Innocence will follow you throughout the trial until the State produces suf?cient evidence to convince the jury (or the court if the trial is non?jury) of your guilt beyond a reasonable doubt. You have no burden of proof in this case. If the State fails to meet its burden. you would be found not guilty. If you are entering a guilty plea to a charge for which you have not yet been indicted. you are waiving indictment by a grand jury and you will be pleading guilty to a charge preferred against you by a District Attorney?s Information filed with the courtUnited States citizen. a guilty plea may subject you to adverse immigration consequences. including deportation (See 8 USO. ?31227). exclusion from reentry to the United States and amnesty. and that the appropriate consulate may be informed ofthe plea and conviction. If glutl I a will- slit,? In?! a. :9 0.. u?Iuo . The state will have nothing to prove and you will stand guilty on your guilty plea. By entering a plea of guilty. YQQ WILL. YOQB ngj? T9 unless In appeals to the Court of Criminal Appeals or the Supreme Court (1) you have before entering the plea of guilty. expressly reserved the right to appeal with respect to a particular Issue or issues. In which event appellate review shall be limited to a determination of the issue or issues reserved. (2) you have timely filed a necessary to correct a manifest Injustice. and the court has denied your motion to withdraw your plea. or the motion has been deemed denied by operation of law. IF YOU HAVE A RIGHT TO APPEAL UNDER ONE OF THE CONDITIONS ABOVE AND YO BY THE COURT TO BE INOIGENT. COUNSEL WILL BE APPOINTED TO REPRESENT YOU ON APPEAL IF YO . DESIRE AND IF THE APPEAL. IS FROM A CIRCUIT COURT JUDGMENT OR SENTENCE. A COPY OF THE RECORD AND - -- OED AT NO COST TO YOU. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS LET THE COURT KNOW NOW AND FURTHER EXPLANATION WILL BE MAI . Tgeeurytaving onally addressed the defendant determines that the defend 0 - to Date Judge arronne?r?s i certify that the above was fully read to the defendant by me: that explained the penalty penalties involved with the defendant: that i discussed in detail defendant's rights and the consequences of pleading guilty: and that, my judgment. the defendant understands the same and that hefshe is knowingly. voluntarily. and intelligently waiving rights and onto a voluntary agent plea of guilty. further . whiny? that I have in no way forced or induced the defendant to plead gull Whore one else has done so. I . Date Attorney DEFENDANT STATEMENT OF WAIVER OF RIGHTS AND PLEA OF GUILTY I certify to the court that my attorney has read and explained the matters set forth above; that my rights have been discussed with me in detail and fully explained: that I understand the charge or charges against me: that I understand my rights. the punishment or punishments provided by law as they may apply to my case. and I understand the consequences of pleading guilty; that i am not under the influence of any drugs. medicines. or alcoholic beverages; and I have not been threatened or abused or offered any inducement. reward. or hope of reward to plead guilty other than the terms of the plea agreement which will be stated on the record. I further state to the court that I am guilty of the charge to which i am entering a placid/y ilty. that i desire to plead guilty. that I made up my own with my attorney'sW/her handling of ass. lib/A4 Date/ efendant