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Petition To Enter Plea of Guilty FINAL

Petition to complete a task
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13 views9 pages

Petition To Enter Plea of Guilty FINAL

Petition to complete a task
Copyright
© © All Rights Reserved
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Defendant: Bradley L. Dorsey February 8, 2024 Case Number: 23CY-CRO2806 LE ATTACHMENT ] TO PETITION TO ENTER PLEA OF GUILTY 1 E68 boon ‘The full extent of the plea agreement in this case is as follows: Ci Defendant will plead guilty to Count(s) .— |eacurroouer ME OO The State will dismiss Count(s) at the time of sentencing. & Defendant will plead guilty to charges of | Class D Felony Domestic Assault 2" Degree contained in an amended information or an information substituted for an indictment. Set out all other terms of the agreement, - Suspend Imposition of Sentence and be placed on probation for a term of 5 years supervised by Missouri P&P with the following special conditions; 120 days shock incarceration credit for time served, Repath Monitoring level IIL, successfully complete domestic violence intervention program, no contact with the victim direct or indirect, restitution for medical expenses to be determined at sentencing. © This is a joint recommendation, If Defendant fails to appear at sentencing, commits any criminal offense while in or out of custody, possesses or uses any controlied substance, fails fo participate in the Sentence ‘Assessment Report, violates any condition of bond, and/or has contact with the victim, the State is no longer bound by the recommendation and is free to request any sentence within the range of punishment, (Unless the plea agreement provides otherwise, restitution cannot be ordered on dismissed or un- filed charges.) Assistant Prosecuting Attorney Nicholas Romano IN THE CIRCUIT COURT OF CLAY COUNTY, MI STATE OF MISSOURI Plaintiff, Defendant. PETITION TO ENTER PLEA OF GUILTY Defendant, being of sound mind, appears in person before the Court and hereby ‘swears or affirms the following to be true: 1. My fullname is. Eee stam LD years of age. Ihave 12. _ years of education. | ( ircle one am nota citizen of the United States. | (circle one) am --- am not on probation or parole at this time. (If so, list the name of the Court, the offense, the date of conviction and the length of Sentence.) . |understand that | have the right to remain silent. | understand | do not have to sign any written papers, including this document. . Lam represented by a lawyer(s), whose name is Lis VY Yooh . Ihave had all the time I need to discuss my case, including my decision to plead guilty, with my lawyer(s). Defendant, Date: Q- 9- 2U 3/2014 (DIVISION ONE) 4, I know | do not have to plead gulty and that | can have a trial before a Judge or a jury. | want to piead guitty, however, to the following charge(s): Class D Fe ony, Domestic Ossoult I have discussed the charge(s) | am pleading guilty to with my lawyer(s) and | understand the charge(s). My lawyer(s) has explained all of the charges fo me, including possible less serious charges that could apply to my case. have told my lawyer(s) all the facts and circumstances known to me about each charge to which | am pleading guilty. | believe that my lawyer(s) is fully informed on each charge. have discussed all the evidence and witnesses | think are important with my lawyer(s) 6. have the following complaints about the services provided to me by my lawyer(s) on this case. (If none state “none”) Wane Given all the circumstances, | beliéve my lawyer(s) has represented me in a competent and effective manner. “YES” or *NO” (circle one) 7. |know that the Court must be satisfied that | am guilty before my plea can be accepted. | know the Court will ask me questions to see if | am guilty. | am willing to give up my right to remain silent and answer those questions to the best of my knowledge and belief. Defendant: | understand my willingness to answer those questions is a waiver of my right not tovincriminate myself. know that | may plead not guilty to any offense charged against me. If | plead not guilty the United States Constitution and the Constitution of the State of Missouri, guarantee me, among other rights: (a) The right to a speedy and public trial by jury and, if | am found guilty of any offense, the right to appeal the verdict; (b) The right to confront and cross-examine all witnesses against me; {c) 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; but | understand | have no obligation to call even a single witness or present any evidence at all. (d) The right to. have the assistance of a lawyer at all stages of the proceedings. | know I can hire my own lawyer, at my expense. | also know that | may get a lawyer at no expense to me if I qualify for the Public Defender; (e) The right to appeal in the event of a conviction, and to appeal at no cost to me, and to have appointed counsel for such appeal, if | qualify for Public Defender services; (f) The right to remain silent and not to incriminate myself; and if | do remain | silent, the jury will be instructed that no inference of guilt or presumption of any kind may be drawn from my decision to not testify: and (g)1 know that the State must prove my guilt beyond a reasonable doubt, and that all twelve jurors must agree, that is, vote unanimously, that the State did so before any verdict of guilty can be returned against me. I further understand that if the State fails to prove each and every element of at least one of the offenses charged against me beyond a reasonable doubt, | would be entitled to go free. Defendant; 8. If | plead guilty | know that I waive, that is, give up, all of the above rights, including the right to ever havea trial, either before a jury or before a Court, with respect to these charges. 9. My lawyer(s) informed me that the range of punishment which the law provides is! Y] One day to_“] year(s) incarceration or a fine up to$ /D,0 or both. [_] Five (5) to fifteen (15) years incarceration. Ten (10) to thirty (30) years incarceration, or life imprisonment. Other: 40. if am on probation or parole in this or any other Court, | know that by pleading GUILTY here my probation or parole may be revoked, and | may be required'to serve and complete my entire sentence in that case in addition to any sentence imposed upon me in this case. « lunderstand that some pleas of guilty may have other consequences in addition to receiving a sentence. For example, | know that some offenses may require me to register with the Sheriff wherever | live, that this registration must occur quickly after my conviction, and that I may be required to so register for the rest of my life. | also understand some offenses have a mandatory percentage of time that must be served before a criminal defendant such as myself may be considered for release from custody on probation or parole. | also understand that, if | am not a citizen of the United States, | may be deported from the United States if | plead guilty. | understand that there may be other consequences to a plea of guilty that are not listed here. | have discussed all of these issues fully and completely with my lawyers) and | still yh to enter a plea of guilty in this case. Defendant: 12. After discussions with my lawyer(s), the prosecuting attorney has promised that, if! plead guilty, the Prosecutor's Office will comply with the plea agreement attached to this petition. | understand that the Court is not required to follow recommendations made by the Prosecutor or to grant relief the Prosecutor does Not oppose. Ithas been made clear to me that in Clay County plea agreements are not binding on the Court. This means | will not be able to withdraw my plea of guilty and have a trial if the Judge does not follow the plea agreement in this case, including the Prosecutor's recommendation(s) regarding my sentence, probation, or release from custody, (DEFENSE COUNSEL: I HEREBY SWEAR OR AFFIRM THAT 1 _ HAVE INFORMED MY CLIENT, THE DEFENDANT, OF ALL PLEA OFFERS | HAVE RECEIVED FROM THE STATE y WA. ) | know that the length of my sentence and whether I receive probation are matters solely within the control of the Judge. | hope to receive leniency, but | am prepared to accept any punishment permitted by law which the Judge sees fit to impose upon me: | know there are no promises or assurances from anyone that are binding on the Judge. { understand there are no guarantees of probation, or what the sentence will be in this case, or whether the sentence will be consecutive to or concurrent with any other sentences. No statements or promises have been made to me that, if | am sentenced to incarceration, | will only have to serve any particular percentage of the sentence, including any particular number of days, weeks, months, or years of the sentence. | have not been promised, nor am | relying on any representation, that | will receive probation or parole at any given time, | understand that | may have to serve and be incarcerated for every day of any sentence imposed Defendant 13. Except for the plea agreement referred to in Paragraph 12 and the plea attachment, | have received no other promises or assurances from anyone that have caused me to plead guilty. 14, Neither |, nor any of my friends or loved ones, have been threatened, coerced, of forced in any manner by anyone to get me to plead guilty 16, |.understand that if | have any complaints whatsoever about my attorney's services, | should tell the Court about my complaints when | offer my guilty plea. 46. | know that the Court will not permit anyone to plead guilty who is innocent, and, because | am guilty, | request the Court to accept thy plea of guilty. | did the following acts in connection with the charge(s) against me: 17. My head is clear, | am sober and |.am able to think clearly. 18. Check all that apply: BX] _ | am taking no prescription medication. | have been prescribed medication, but it has not been provided to me, or I have chosen to not take it. | am taking no prescription medication except the following, which are taken as prescribed by the physician. None of it prevents me from thinking clearly: | usually take the following prescription medication as prescribed by the physician: When | take , it interferes with my ability to think clearly. | need to stop taking it hours before my Court appearance to plead guilty The last time | drank alcohol was iM : [1 . The last time | took illegal drugs was W/) | have not been treated for mental illness or defects except for the following: 19. My lawyer(s) explained to me what a “Sentencing Assessment Report” is, | understand the court may rely upon information contained in the report, but that the Judge is not required to sentence me to the sentence recommendations or follow any other recommendations contained within the “Sentencing Assessment Report.” 20. By signing each page of this Petition to Enter Plea.of Guilty, including the plea attachment, | am telling the Court that I have read each page of the Petition, or had each page read to me, and that | understand everything on each page of it. If Thad any questions about anything in this Petition, | asked my lawyer(s) and my lawyer(s) answered my questions to my satisfaction. | also understand that | can ask the Judge about anything in this Petition. 21. If do not understand any of the Judge's questions, | will immediately tell the Judge and ask the Judge to ask the question in another way: Defendan' 22, |OFFER MY PLEA OF GUILTY FREELY AND VOLUNTARILY, OF MY OWN ACCORD, AND WITH FULL UNDERSTANDING OF THE CHARGE(S) TO WHICH | AM PLEADING GUILTY AND ALL THE MATTERS SET FORTH IN THIS PETITION. 1AM GUILTY OF THE CHARGE(S) SET FORTH IN THIS PETITION. No one has told me to tell the Court something that is not true. My answers in this Petition, and my answers in Court, are the truth. Defendant: 24) (oq

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