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1. All pleas of guilty and nolo contendere and all plea negotiations and plea agreements shall be filed in writing in duplicate with the Clerk of the Court in substantially the forms attached hereto.
2. A copy of the agreement shall be forwarded by the Clerk to the Department of Corrections with the Court's request for a presentence investigation. The Department of Corrections shall include the said copy of the plea agreement with the report of the presentence investigation upon submitting the PSI to the Judge.
3. The case number of each case affected by a plea negotiation or plea agreement, including felony, misdemeanor or pending charges, shall be listed in the caption of the instant case in which a plea agreement is filed.
4. Sentence concessions in plea agreements will not be accepted by the Traffic and Criminal Divisions of the County Court as binding and will serve as only recommendations.
This administrative order shall be recorded by the Clerk of Court in each of the counties of the circuit in the minutes of the Court.
/Signed
Theron A. Yawn, Jr., Chief Judge
Eighth Judicial Circuit of Florida
The Supreme Court has held that Administrative Order 1.050 entitled PLEA NEGOTIATIONS/PLEA AGREEMENTS does not qualify either as an administrative order or local rule. However the Court authorized a pilot study to enable it to determine whether it should be made the subject of a rule of statewide application. The study was to be done by the office of chief judge of this circuit. Progress has not been rapid.
/Signed
THERON A. YAWN, Jr., CHIEF JUDGE
THE STATE OF FLORIDA,
Plaintiff,
VS.
Defendant.
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR
COUNTY, FLORIDA.
CRIMINAL DEPARTMENT
CASE NO.
PETITION TO ENTER PLEA OF GUILTY OR NOLO CONTENDERE
1. My full name is and I am also known as
and I request that all proceedings against me be had in my true name.
2. I am represented by a lawyer; his name is
3. I wish to
( ) Plead (guilty) (nolo contendere) to the charge(s) of
( ) Withdraw my prior plea of not guilty and plead (guilty) (nolo contenders) to the charge(s) of
4. I have told my lawyer all the facts and circumstances known to me about the charges against me. I believe that my lawyer is fully informed on all such matters. My Lawyer has counseled and advised with me on the nature of each charge; on any and all lesser included charges; and on all possible defenses that I might have in this case.
5. I understand that I may plead not guilty to any offense charged against me. If I choose to plead not guilty the Constitution guarantees me the right to maintain that pica and (a) the right to a speedy and public trial by jury; lb) the right to see, hear and face in open court all witnesses called to testify against me; © the right to use the power and process of the Court to compel the production of any evidence including the attendance of any witnesses in my favor; (d) the right to have the assistance of a lawyer at all stages of the proceedings and to have one appointed for me if necessary; and (e) also the right to take the witness stand at my sole option; and if I do not take the witness stand I understand the jury at my request, will be told that this may not be held against me.
6. I also understand that if I plead guilty or nolo contendere the Court may impose the same punishment as if I had plead not guilty, stood trial and been convicted. I know that if I plead guilty, or if I am adjudged guilty after a plea of nolo contenders, there will be no further trial of any kind which means that by pleading guilty or nolo contendere I waive my right to trial.
7. I know that if I plead (guilty) (nolo contenders) to this/these charge(s) the maximum
possible sentence is years imprisonment and/or fine of $ . I know also that the
sentence is up to the Court only; the State Attorney will have no part in the Court's decision. I know the mandatory, minimum penalty for this charge is
8. I have not been convicted of one or more felonies in the past as follows:
9. I am ( ) am not ( ) presently on probation or parole. I understand that by pleading (guilty) (nolo contendere) in this case this may cause revocation of my probation or parole and that this could
result in a sentence of years imprisonment in that case. I further understand that if my parole or probation is revoked any sentence in this case may be consecutive to or in addition to any sentence in the case in which parole or probation is revoked.
10. I am Years of age. I have gone to school up to and including ; my physical and mental health is presently satisfactory. At this time I am not under the influence of any drugs or intoxicants (nor was I at the time the crime was committed). State any exceptions:
11. I declare that no officer or agent of any branch of government (federal, state or local) has made any promise OT suggestion of any kind to me or, within my knowledge to anyone else, that I will receive a lighter sentence or probation or any other form of leniency if I plead (guilty) (nolo contendere) except:
( ) No exceptions.
( ) The exceptions set out in the negotiated plea agreement which is filed herewith.
12. I declare that no officer of any branch of government (federal, state or local) has
subjected me to any force, duress, threats, intimidation or pressure to compel or induce me to
enter this pleas.
13. I believe that my lawyer has done all that anyone could to counsel and assist me. I AM
SATISFIED WITH THE ADVICE AND HELP HE HAS GIVEN ME; I recognize that if I have been
told by my lawyer that I might receive probation or a light sentence this is merely his prediction and is
not binding on the Court.
14. I plead (guilty) (nolo contenders) and request the Court to accept my plea of (guilty) (nolo contendere) knowing that upon it being accepted and entered by the Court that nothing will remain I-o be done except for the Court to enter its judgment and/or sentence. The Court may order a presentence investigation before sentence, but there will be no trial of any kind.
1 5. I also understand that if I plead (guilty) (nolo contenders) and do not specifically reserve my right to appeal I give up my right to a direct appeal of all matters relating to my judgment and sentence including the question of my guilt or innocence. I do understand, however, that I do not give up my right to appellate review by collateral attack as that term has been explained to me by my lawyer.
16. 1 understand that if I plead (guilty) (nolo contenders) the judge may swear me to tell the truth and then ask me questions about the offense. I understand that if I do not answer his questions truthfully I may be prosecuted for perjury.
17. I specifically
( ) admit that I am guilty of the charge or charges I am pleading (guilty)
(Nolo contendere) to.
( ) believe the plea is in my best interest even though I say I am innocent of
the charge or charges.
1 8. I offer my plea of (guilty) (nolo contendere) freely and voluntarily and of my own accord and with full understanding of all the matters set forth in the information and in this Petition and in the Certificate of my lawyer which is attached to this Petition.
19. Though I may have been assisted by my lawyer, I certify that the statements and representations hereinabove made are my own and have not been suggested directly or indirectly by (him) (her) or anyone else.
Signed in the presence of my attorney this day of , 19
DEFENDANT
My address is:
My phone number is:
The foregoing was sworn to by the within named defendant in open court this
day of , 19
JUDGE PRESIDING
The undersigned, as attorney and counselor for defendant, , hereby certifies as follows:
1. I have read and fully explained to the defendant the allegations contained in the information in this case.
2. To the best of my knowledge and belief the statements, representations and declarations made by the defendant in the foregoing Petition are in all respects accurate and true, and he fully understands them.
3. 1 have explained the maximum penalty for each count to the defendant and consider him competent to understand the charges against him and the effect of his petition to enter a plea of (guilty) (nolo contendere).
4. The plea of (guilty) (nolo contenders) offered by the defendant in paragraph 3 accords with my understanding of the facts he related to me and is consistent with my advice to the defendant.
5. In my opinion the plea of (guilty) (nolo contendere) as offered by the defendant in paragraph the Petition is voluntarily and understandingly made. I recommend the Court accept the plea of (guilty) (nolo contendere).
6. Having discussed this matter carefully with the defendant, I am satisfied and I hereby certify that in my opinion he is mentally and physically competent; there is no mental or physical condition would affect his understanding of these proceedings; further, I state that I have no reason to believe that he is presently operating under the influence of Drugs or intoxicants. (Any exceptions to this should be stated by counsel on the record.)
7. I have explained to my client the difference between a direct appeal and a collateral attack upon his conviction.
Signed by me in the presence of the defendant above named and after full discussion of the
contents of this Certificate with the defendant this Day of , 19.
Attorney for the Defendant
OR
STATE OF FLORIDA.
COUNTY OF
Before me personally appeared
to me well known and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that executed said instrument for
the purposes therein expressed.
WITNESS my hand and official seal, this day of , A. D. 19 .
Notary Public
State of Florida at Large
My commission expires
30
IN THE CIRCUIT COURT OF
THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR
COUNTY, FLORIDA.
CRIMINAL DEPARTMENT
CASE NO.
THE STATE OF FLORIDA,
Plaintiff,
VS.
Defendant.
ORDER ACCEPTING PLEA
The Court finds that the defendant's plea of (guilty) (nolo contendere) to was freely, knowingly and involuntarily entered; and it is therefore
ORDERED AND ADJUDGED that the defendant's plea of (guilty) (nolo contendere) be accepted and entered as prayed for as prayed for in the Petition and as recommended in the Certificate of his attorney.
DONE AND ORDERED in open court this day of , 19
CIRCUIT JUDGE
IN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT, IN AND FOR
COUNTY, FLORIDA.
CRIMINAL DEPARTMENT
CASE NO.
THE STATE OF FLORIDA,
Plaintiff,
VS.
Defendant.
I, , the above-named
defendant, represent to the Court that the plea bargain attached hereto was concluded by my attorney with my full and complete consent thereto and that the decision to plead (guilty) (nolo contenders) was made by me. I further represent that my attorney has advised me of considerations bearing on the choice of which plea to enter and the pros and cons of such plea, the likely results thereof as well as any possible alternative which may be open to me. I fully concur in the effort of my attorney and agree to the terms of the bargained plea.
DEFENDANT
ORDER ON OFFER OF PLEA
It is ORDERED that the plea bargain offered in this case is
( ) Accepted conditionally pending presentence report;
( ) Accepted;
( ) Rejected;
in open court this day of , A.D. 19 .
CIRCUIT JUDGE
IN THE CIRCUIT COURT OF
THE EIGHTH JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA.
STATE OF FLORIDA,
CRIMINAL DEPARTMENT
CASE NO.
Plaintiff,
VS.
Defendant.
The Defendant has filed his Petition to Enter a Plea of (Guilty) (Nolo Contendere)
to the charge(s) of:
The Defendant and the State, pursuant to the provisions of Rule 3.171, Fla. R. Crim.
P., agree as follows:
I, , the Defendant, understand
this negotiated plea and that I will incur the specific obligations set out herein.
DATED at , Florida, this day of 19,
Prosecuting Attorney , Defendant
Attorney for Defendant