GUILTY PLEAS 1 Generally 1 §24-2 Waiver of Counsel 11 §24-3

a plea of guilty [to the offenses and under the terms I have just outlined]? To District Attorney if the plea is not to the entire indictment: Is that plea and sentence commitment acceptable? Or Is that plea acceptable, subject to your sentence recommendation? To Defendant: Optional: Do you swear or affirm to tell the whole truth, and

Sentence Discounting: Sentencing and Plea Decision- Making

sentence differential due to the nature and timing of a plea, the first ‘guideline judgment’ concerning section 196 ( Du Plooy v HMA ) used the term “sentence discount ” 3 As such, there is a basis to use

2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF

pre-sentence investigation report prepared and submitted to the Court by the Probation Department I also understand that the Court and counsel cannot promise me now what sentence will be imposed I understand that in deciding what sentence it will impose, the Court will calculate my sentencing range under the Sentencing Guidelines

EXPLANATION OF RIGHTS AND PLEA OF GUILTY Count (Presumptive

This sentence range includes the total sentence length that will apply to all offenses sentenced at this sentence hearing The court may depart from the presumptive sentence disposition or sentence range upon a finding of the existence of an aggravating or mitigating factor The State has asserted the following aggravating factors:

Challenging a Conviction or Sentence After a Plea Bargain

court to re-sentence you in accord with the plea agreement Also, if the plea gave the superior court sentencing leeway, but the court made a calculation mistake or did not apply the sentencing factors properly, the court of appeal could modify the sentence or remand the case for re-sentencing 5 II Issues that Cannot Be Raised Following a Plea