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  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
  • STATE OF FLORIDA vs. BURSE, PATRICK LAMARFELONY document preview
						
                                

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a an IN THE CIRCUIT GOURT OF THE NINTH JUDICIAL CIRCUIT . IN AND FOR ae 1 OSCEOLA COUNTY, FLORIDA STATE OF FLORIDA, case No. OCE Bar DIVISION: \C »\ Bh yee Poarics ' PLEA (S) FORM 1 PLEA: |, POC BD PeBan, withdraw my plea(s) of not guilty and enter plea(s) of: count A_( ) Guilty A Nolo Contendre tofas charged ( ) lesser Degree F.S.. Maximum Sentence Min.Man. Count _ - () Guilty ( ) Nolo Contendre to () as charged () lesser Degree F.S._ Maximum Sentence Min.Man. Count () Guilty ( ) Nolo Contendre to ( Jas charged () lesser Degree F.S.. Maximum Sentence Min.Man. Count () Guilty () Nolo Contendre to () as charged () lesser Degree F.S.. Maximum Sentence Min. Man Count “() Guilty () Nolo Contendre to () as charged () lesser Degree F.S. Maximum Sentence Min.Man. Count () Guilty () Nolo’ Contendre to () as charged () lesser Degree F.S., Maximum Sentence Min.Man. Count () Guilty () Nolo Contendre to () as charged () lesser Degree F.S.. Maximum Sentence Min.Man.. 2 PROMISES/RECOMMENDATIONS: No one has promised me anything to get me to enter the plea(s) except as stated herein. A. The prosecutor and | have agreed to the following: B. The prosecutor has recommended the se LTR SCORES Congr OVA O ACS CSS OO) Seb OCO CSA cuerk +O QUCAIN WK BUlR.O5 “ Gheludgohsopemied I ODRERESION OF WRAROS dgsar NRT RoN SORE 1 understand plus total maximur jm. fees, costs, costs of investigation, and restitution. the I § maximu' Was MES 4 (Defendant's Initials) Ities for the crime(s) to plus court costs, be C234 4 TRIAL RIGHTS: [understand that if the Court accepts my plea(s), | give up my rightto: (1) a trial witnesses testify, and to by jul ; (2) have a jury determine whether | am guilty or not guilty; (3) see and hear the ttorney(s) question them for me; (4) subpoena and present witnesses and items of evidence in my havy silent; and (6) require the o; de} , and to present any defense | might have to the jury; (5) testify or to remain doubt before | can be found guilty. pro T to prove my guilt by admissibl e evidence beyond a reasonable . - (Defendant's Initials) Plea-Form-Circuit-2/2013 Page 1 of 4 Bore Yowida. Defendant case no. QOCKISIO\_ 5. PLEA UNDERSTANDING: | understand thata plea of Guilty admits that | committed the crim e(s) and, lea of Nolo Contendere says that | do not contest the evidence against me. | understand that if the Court act tS)my plea(s) there will be no trial and the Court will impose sentence(s) based upon my plea(s). CJ [Defendant's Initials) 6 CHARGES, DEFENSES, PENALTIES: | have read the infointatiortnictmant in this case and l understand the charge(s) to which | enter my plea(s). | have reviewed the evidence against me. I know of no physical evidence containing DNA which could exonerate me. My attorney(s) has/have explained to me the maximum penalties for the charge(s), the essential elements. of the crime(s), and. possible defenses to the crime(s). | understand these things. | also understand that if | am on probation/eommunity control/parole, my pr ion/community control/parole can be revoked and! can receive a separate sentence up to the maximum control/parole charge in addition to the sentericé imposed in ‘the present case(s): Peay brobation/community @ (Defendant’s Initials) 7 VOLUNTARINESS: No oné has ays sured, forced, threatened, or coerced me to enter the plea(s). | am entering the plea(s) because: ( ) ='b¢ fy Tam guilty or | believe that it is in my best interest. | enter the plea(s) voluntarily of my own free will: \(Defendant’s Initials) (i 8 DEPORTATION: Lunderstand that if am not a citizen of the United States, | WILL be eS I have also had a meaningful opportunity to consult with an attorney(s) regarding deportation. | a9u ted ‘Stand that no attorney(s) nor judge can advise/guarantee that | will of will not be deported. ret Th “(Defendant's Initials) Lope CE 9 EDUCATION: The highest grade, ation | have completed: . { read and write ( ) English ( ), 1(.) read ( ) was read this Plea Form by fal (Defendant's Initials) 10. COMPETENCY: At the present time, | am not under the influence of any drugs, alcohol, medication, or narcotics. | () am (-) am not presently taking any medication. | am presently taking the following medication: . The medication () does () does not affect my ability to concentrate or to think clearly. 1a eae o/s y fering.from any physical or mental problems that would affect my understanding of these proceedings. 4_(Defendant's Initials) 11. ENHANCED SENTENCE: rstand that the State of Florida ( ) is is not seeking an enhanced sentence as for which the Court may impose a sentence of t 7 .(Defendant’s Initials) 412, PRISON RELEASEE REOFFENDER: | understand that | will be sentenced to the statutory maximum unless the Court can give me a greater sentence if | am entering a plea(s) of Guilty/Nolo Contendre to an‘ offense(s) enumerated in F.S. 775.082(9)(a)1. and (1) the offense(s) was committed within three years of my reléase.from a state correctional facility operated: by-the. Department of Corrections or a private. vendoror from fe a correctional institution of another state, the District of C bla, the United States, or any foreign jurisdiction; (2) the offerise(s) was committed while serving a prison nce in one of the.aforementioned facilities, or(3) the offense(s) was committed while on escape statu: IS. (Defendant's Initials) SE . at ‘ - 432°. CRIMINAL: PUNISHMENT CODE: Lunderstand that my sentence will be imposed pursuantto Florida:Law and the Criminal Punishment Code Scoresheet (CPCS). The CPCS will be prepared and is based upon the offense(s) that | am entering plea(s) and my prior criminal record. § understand that | will not be permitted to withdraw my plea(s) if the correct CPCS at my sentencing is other than whatis presumed at this time. l understand that the CPCS only suggests 4 minimum sentence and the Court can sentence me to any. lawful sentence. | understand that if my Total Sentence Points are greater than or equal to 363, a life sentence may be maximum sentence is up to the statutory oh imposed by the Court for any felony offense. | understand tha maximum unless the Lowest Permissible Prison Sentence in* exceeds the statutory maximum. No one dfy A 14. romised me that the Court will depart from the CPCS.44 feof (Defendant's Initials) TIME SERVED: | agree the correct amount of time served that | am entitled to is 4 {Defendant's Initials) Plea-Form-Circuit-2/2013 Page 2 of 4 PSE MAC bhvetendent case no. AOCKEVBIA. fl . that | may serve every day of my sentence. No one has EARLY RELEASE: | understand nor that’ will receiv e any good and gain prom is | will be released prior to the expiration of my sentence time. | _(Defendant’s Initials) 16. ATTORNEY FEES: I do ( )not waiv e is a reasonable sum to pay for the services of my cdurt Me aive my right toa heari 19, appointed attorney(s). BS agree that$. Defendant’s Initials) ng a plea(s) of Guilty/Nolo C ‘ontendre to 17. CIVIL COMMITMENT: | understand that if | am enteri of a sexually motivated offense, this plea(s) asi ally motivated offense or if | have been previo! usly convicted ject me to involuntary civil commitment as a sexually violen t predator upon com pletion of my sentence. ma’ 7 =(Defendant's Initials) plea(s) of Guilty/Nolo Con! tendre to an 18. DRIVER'S LICENSE: | understand that if! am enteringa y driver's licens e/priv ilege: suspensio} voi evocation is offense for which automatic, m andatory, or discretionar ate agenc y, this ple provide the required or discretionary by law to be imposed by the Court or by-a separ basis fo the suspension or revocation of my driver's license/privil ege. | understan d that itl l Traffic Offender._ ting a plea(s) (Defendant's pt Nolo Contendre to d traffic offense | may be declared a Habitua —' of G Initials) | understand that while \ fAncarcerated my 19. SUPERVISION TO LLING AND cosTS: probation/community control/parole i ‘tolled unless ordere d otherwise by the Court. .| ut land that if | am d to pay costs of supervisio! in.t,t (Defendant's f placed on probation/community control/parole | will be require Initials) . - will order. me to submit to a DNA ‘sample. ch 20. DNA: | understand that the Court (Defendant's Initials) at liberty pending my 21. SENTENCING DATE: l understand that if the Court permits me to:remain w up on time on the date that Sente ncing Is set; (2) Sentencing I-will comply with the followin g conditions: (1) sho of Corrections | jaw; (4) all reques ts of the Depar tment not violate any conditions of my release; (3) not violate any ss d); and (5) notify immediately any change in my addre to complete a Pre-Sentence Investigation report (if require if | violate any d my attorney(s). 1 understand that or telephone number to the Clerk of Court, bonds persomy to be allowed fos e fe my plea(s) and the Court may sentence me of the aforementioned conditions | will not \(Defendant’s Initials) the total maximum penalties indicated in Paragraph 3, referred to the 22, COLLECTIONS COURT: | understand that if my financial obligations are comply witht ection Court Progr am requirements Collections Court Program for collection that any failure to will result in the suspension of my driving privilege, a writ it of bodily att eh it being issued, and my case being sent to a Collection Agency to collect the Court Fines an d costs. | / fendant’s Initials) 23. HEARING PRESENCE: Restitution/Attorney(s) Fee/Cost Hearing, . Ae /1_ waive ( ) do not waive (Defendant's Initials) my or aa right to be present at any 2 SEAL/EXPUNGEMENT: No one has promised me that this case(s) will be sealed (Defendant's Initials) an appeal of in wrting of the Court's 25. APPEAL: L understand that | have thirty (30) days to file that if | cannot afford an attorney one will be Judgment and Sentence to the Clerk of Court. | unde! rstand plea, explained to me what t an appeal is. By’entering this appointed to represent me. My attorney(s) has/have nce; (2) this Court' s except (1) 9 ality of my sente | understand that | give up my right to appeal all matters bd the right to appeal , and for which for which | hay authority to hear this case; and (3) any pre-trial ruling that control s an issue in this case-— (Defendant’s Initials) this Court has made a finding f have 26. DANT’S CERTIFICATION: 1! have read every word in this Plea(s) form, satisfied with the way my with my attorney(s), and fully understand it. lam fully f discussed the ¢} asked h: asihave done everything I have attorney(s) ha: s/hawe-handled this case forme. My attorney(s) him/her to do} Lee (Defendant's Initials) Plea-Form-Cireuit-2/2013 Page 3 of 4 case no. AOCE\ZGG, 'ORN TO, SI ND FILED IN OPEN COURT in-thé pyesence of defense cot J and the Judge / this day of _ © “F 20. 7 : a on Orange 1 Osceola Clerk of the Circuit Court tb and County Court Defendant's Signature By: Wo Deputy Clerk in Attendance “CERTIFICATE OF DEFENDANT’S ATTORNEY(S) AND PROSECUTOR \We, Defendant's Counsel of Record, certify that: I/we have discussed this case with defendant, including the nature of the charges, essential elements of each, the evidence against him/her of which | am aware, the possible defense he/she has, the maximum penalty for the charge(s) and-the-right to appeal. No promises have been made other than as set forth in this plea or on the record. | believe the defendant fully understands this written plea, the consequences of entering it, and that the plea is entered of the defendant's own free will. “I, thePja secutor,. consent to the g a(s) to lesser charges, if applicable, and confirm the representations ‘in rey {“7 Deteha' Sate ‘ttorney(s) Prosecutor Florida Bar 7 Florida Bar No. DNA INQUIRY ADDENDUM TO PLEA.OF GUILTY OR NOLO CONTENDRE DEFENSE COUNSEL ' Xsnave reviewed the discovery disclosed by the State, including a listing or description of physical items of evidence. x. | have reviewed with my client the nature of the evidence disclosed through discovery. Xan pérsonally unaware Oz 2 hysical evidence for which DNA testing may exonerate my client. A Ass 1-AOD-3O)\ pdai es akeine’ Date Florida Bar 4 "7 DEFENDANT Ihave discussed the dbhovery and Information with my atto ney and agree presentations 2 fe i ade by my atte wo a7 Defendant | PROSECUTOR oo L : / 1 am personally unaware of any physical evidence for which DNA testing may exonerate the defendant. Prosecutor Date Florida Bar No. Plea-Form-Circuit-2/2013 Page 4 of 4