NRS174.063. Written plea agreement for plea of guilty or guilty but mentally ill: Form; contents.

      1.  If a plea of guilty or guilty but mentally ill is made in a written plea agreement, the agreement must be substantially in the following form:

 

Case No.   ...............................................................

Dept. No.  ...............................................................

 

IN THE .................. JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR THE COUNTY OF.............,

 

The State of Nevada,

                    PLAINTIFF,

 

                              v.

 

(Name of defendant),

                  DEFENDANT.

 

GUILTY OR GUILTY BUT MENTALLY ILL PLEA AGREEMENT

       I hereby agree to plead guilty or guilty but mentally ill to: (List charges to which defendant is pleading guilty or guilty but mentally ill), as more fully alleged in the charging document attached hereto as Exhibit 1.

       My decision to plead guilty or guilty but mentally ill is based upon the plea agreement in this case which is as follows:

       (State the terms of the agreement.)

 

CONSEQUENCES OF THE PLEA

       I understand that by pleading guilty or guilty but mentally ill I admit the facts which support all the elements of the offenses to which I now plead as set forth in Exhibit 1.

       I understand that as a consequence of my plea of guilty or guilty but mentally ill I may be imprisoned for a period of not more than (maximum term of imprisonment) and that I (may or will) be fined up to (maximum amount of fine). I understand that the law requires me to pay an administrative assessment fee.

       I understand that, if appropriate, I will be ordered to make restitution to the victim of the offenses to which I am pleading guilty or guilty but mentally ill and to the victim of any related offense which is being dismissed or not prosecuted pursuant to this agreement. I will also be ordered to reimburse the State of Nevada for expenses relating to my extradition, if any.

       I understand that I (am or am not) eligible for probation for the offense to which I am pleading guilty or guilty but mentally ill. (I understand that, except as otherwise provided by statute, the question of whether I receive probation is in the discretion of the sentencing judge, or I understand that I must serve a mandatory minimum term of (term of imprisonment) or pay a minimum mandatory fine of (amount of fine) or serve a mandatory minimum term (term of imprisonment) and pay a minimum mandatory fine of (amount of fine).)

       I understand that if more than one sentence of imprisonment is imposed and I am eligible to serve the sentences concurrently, the sentencing judge has the discretion to order the sentences served concurrently or consecutively.

       I understand that information regarding charges not filed, dismissed charges or charges to be dismissed pursuant to this agreement may be considered by the judge at sentencing.

       I have not been promised or guaranteed any particular sentence by anyone. I know that my sentence is to be determined by the court within the limits prescribed by statute. I understand that if my attorney or the State of Nevada or both recommend any specific punishment to the court, the court is not obligated to accept the recommendation.

       I understand that the Division of Parole and Probation of the Department of Public Safety may or will prepare a report for the sentencing judge before sentencing. This report will include matters relevant to the issue of sentencing, including my criminal history. I understand that this report may contain hearsay information regarding my background and criminal history. My attorney (if represented by counsel) and I will each have the opportunity to comment on the information contained in the report at the time of sentencing.

 

WAIVER OF RIGHTS

       By entering my plea of guilty or guilty but mentally ill, I understand that I have waived the following rights and privileges:

       1.  The constitutional privilege against self-incrimination, including the right to refuse to testify at trial, in which event the prosecution would not be allowed to comment to the jury about my refusal to testify.

       2.  The constitutional right to a speedy and public trial by an impartial jury, free of excessive pretrial publicity prejudicial to the defense, at which trial I would be entitled to the assistance of an attorney, either appointed or retained. At trial, the State would bear the burden of proving beyond a reasonable doubt each element of the offense charged.

       3.  The constitutional right to confront and cross-examine any witnesses who would testify against me.

       4.  The constitutional right to subpoena witnesses to testify on my behalf.

       5.  The constitutional right to testify in my own defense.

       6.  The right to appeal the conviction, with the assistance of an attorney, either appointed or retained, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings and except as otherwise provided in subsection 3 of NRS 174.035.

 

VOLUNTARINESS OF PLEA

       I have discussed the elements of all the original charges against me with my attorney (if represented by counsel) and I understand the nature of these charges against me.

       I understand that the State would have to prove each element of the charge against me at trial.

       I have discussed with my attorney (if represented by counsel) any possible defenses and circumstances which might be in my favor.

       All of the foregoing elements, consequences, rights and waiver of rights have been thoroughly explained to me by my attorney (if represented by counsel).

       I believe that pleading guilty or guilty but mentally ill and accepting this plea bargain is in my best interest and that a trial would be contrary to my best interest.

       I am signing this agreement voluntarily, after consultation with my attorney (if represented by counsel) and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.

       I am not now under the influence of intoxicating liquor, a controlled substance or other drug which would in any manner impair my ability to comprehend or understand this agreement or the proceedings surrounding my entry of this plea.

       My attorney (if represented by counsel) has answered all my questions regarding this guilty or guilty but mentally ill plea agreement and its consequences to my satisfaction and I am satisfied with the services provided by my attorney.

 

       Dated: This ............. day of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                                         Defendant.

 

Agreed to on this ............ day of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                             Deputy District Attorney.

 

      2.  If the defendant is represented by counsel, the written plea agreement must also include a certificate of counsel that is substantially in the following form:

 

CERTIFICATE OF COUNSEL

       I, the undersigned, as the attorney for the defendant named herein and as an officer of the court hereby certify that:

       1.  I have fully explained to the defendant the allegations contained in the charges to which guilty or guilty but mentally ill pleas are being entered.

       2.  I have advised the defendant of the penalties for each charge and the restitution that the defendant may be ordered to pay.

       3.  All pleas of guilty or guilty but mentally ill offered by the defendant pursuant to this agreement are consistent with all the facts known to me and are made with my advice to the defendant and are in the best interest of the defendant.

       4.  To the best of my knowledge and belief, the defendant:

       (a) Is competent and understands the charges and the consequences of pleading guilty or guilty but mentally ill as provided in this agreement.

       (b) Executed this agreement and will enter all guilty or guilty but mentally ill pleas pursuant hereto voluntarily.

       (c) Was not under the influence of intoxicating liquor, a controlled substance or other drug at the time of the execution of this agreement.

 

       Dated: This ............. day of the month of ………. of the year …….

 

                                                           ...............................................................................

                                                                              Attorney for defendant.

 

      (Added to NRS by 1995, 1531; A 2001, 36, 2565; 2007, 1406)