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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
STATE OF FLORIDA CASE NO. 22-000451CF (SHC)
VS.
GARY R. NICKERSON, JR.
/
PLEA FORM
I, Gary R. Nickerson, Jr., the Defendant in this Criminal Action do hereby withdraw my previously
entered pleas of Not Guilty and enter plea(s) of:
Licuitty KXINo Contest
1) Driving Under the Influence>Nolle Pross
2) Resisting Without Violence>Nolle Pross
3) Driving While License Suspended 2">Nolle Pross
4) Possession of Controlled Substance, F3, 5 year prison possible maximum sentence
5) Possession of Paraphernalia>Nolle Pross
I understand that if the Court accepts the plea as indicated above, I give up my right to trial by jury, at
which I would have the following rights:
The right to have a jury determine my guilt or innocence.
The right to see and hear witnesses testify and to have my lawyer question them for me.
The right to subpoena witnesses on my behalf and present items of evidence in my defense,
The right to testify or remain silent.
The right to have the prosecution prove my guilt beyond a reasonable doubt, before I can be
found guilty.
The right to a speedy trial.
The right to have counsel assist in the trial and any appeal.
I understand that I give up my right to appeal all matters except the legality of this sentence, the
jurisdiction of this Court, and those matters, which I have specifically reserved for appeal.
O I have reserved the following matter(s) for appeal:
NOPEN COURT
FILED |
DATE
Felony Plea Form, approved 03/26/14 Page 1
(11 do not wish to exercise my constitutional right to an appeal. My attorney has explained to me what
an appeal is and how I can properly file for an appeal should I choose to do so. My attorney has advised’
me that if I cannot afford an attorney, one will be appointed for me by the Court.
I have read the information in this case, or have had it read to me, and I fully understand the terms of the
plea agreement and the charge(s) to which I enter my plea(s). My attorney has explained to me the
maximum penalty for the charge(s), the essential elements of the crime(s), and possible defenses to the
crime(s), and I understand these things. I understand that if I am on parole, my parole can be revoked and
Ican be returned to prison to complete that sentence; if I am on probation, my probation can be revoked,
and I can receive a separate sentence up to the maximum on the probation charge in addition to the
sentence imposed on this case.
No one has promised me anything to get me to enter thisplea(s).
The State offers and agrees to the following sentence, by which the defendant accepts (check all that
apply):
Adjudication of guilt as charged to count 4 Possession of Controlled Substance
18 months of drug offender probation
$100/100.trust funds
Substance Abuse Evaluation and follow any recommended follow-up treatment
50 hours of community service with a buyout option at the rate of $10/hour
Curfew from 10pm to 6am which can be modified for work purposes
6 month driver’s license suspension (with possible hardship license if DMV provides it to you)
Standard conditions including random searches
Cost of court $415
Cost of prosecution $100
Cost of defense $50 application fee with $100 for attorney’s time
Dismiss counts 1,2,3 and 5 in exchange.
I understand my sentence will be imposed consistent with the Florida Criminal Punishment Code. The
Code provides that the trial court may impose a sentence up to and including the statutory maximum for
any offense. I also understand that, absent a legitimate un-coerced plea bargain, there are limited reasons
why a judge may depart below the lowest permissible sentence established by the-Code. I have truthfully
advised the court as to my prior criminal history and after consultation with my attorney, agree that my
Code score sheet has been calculated correctly.
L understand that if I fail to pay financial obligations ordered by the court, it will result in a suspension of
my driver license privilege (322.245) and that any unpaid financial obligations still remaining 90 days
after payment due date will be referred by the Clerk of Court to a collection agency and-an additional fee
up to 40% of the outstanding balance owed will be added at the time (28.246).
T have read every word of this written plea or have had it read to me. I have discussed this plea(s) with
my attorney and I fully understand it. I have been told what evidence the State has to present to a jury
and my attorney has advised me as to what defenses, if any, I may be able to assert in my own behalf.’ I
am fully satisfied with the way my attorney has handled this case. My attorney has effectively assisted
me in all aspects of my defense.
Felony Plea Form, approved 03/26/14 Page 2
I understand and agree that if the judge permits me to remain at liberty pending sentencing, I must notify
my attorney, bondsman and probation officer, if applicable, of any change of address ortelephone
number. I also understand that for me to receive the sentence which has been promised by this Court, I
must honor the following conditions:
1 I must have been truthful regarding my prior criminal history.
2. I must report to the Department of Probation and cooperate with them in the preparation of my
pre-sentence investigation.
3 I must remain at liberty without committing any law violation; and
4 I must return to this courtroom. on at to be sentenced
by this Court or to be sentenced in absentia in accordance with the minimum to maximum
permissible range of sentence allowed by law. I understand that the violation of any of these
conditions could result in my not being allowed to withdraw my plea, and the Court being free to
sentence me in accordance with the legal maximums recognized under the law.
My education consists of the following:
Iam not currently under the influence of drugs, alcohol, or medication to the extent that my normal
faculties are impaired. I am not suffering from any mental problems that will affect my understanding of
this plea.
If the offense to which I am pleading is a sexually violent offense or a sexually motivated offense, or if I
have previously been convicted of such an offense, this plea may subject me to involuntary civil
commitment as a sexually violent predator upon completion of my sentence.
[have been fully advised and explained any deportation issues by my counsel. I understand that if] am
not a United States citizen, entering this plea will subject me to consideration for deportation pursuant to
the laws and regulations governing the United States Department of Immigration and Customs
Enforcement. Whether or not I am actually deported as a consequence of my plea, I still wish to enter this
plea. I understand that this court has no influence over whether or not I will be deported; that is a matter
for the federal immigration agency. I further understand that certain felonies are considered “aggravated
felonies” and Immigration Services may not waive deportation proceedings for those felonies. I am fully
aware that as immigration laws are written today, if my plea is to one of the aggravated felonies set forth
in 8 USCA 1227 and 1101, that my deportation is highly probable.
No one has threatened me to make me enter the plea(s). I am entering the plea(s) because:
CD Lam guilty. KX] I believe it is in my own best interest.
Jenter the plea(s) voluntarily of my own free will. No promises of any kind regarding sentencing were
made to me apart from those discussed during the plea colloquy. No one, including my attorney has made
any promises to me concerning eligibility for any form of early release, provisional gain time credit, time
off for good behavior, the accrual of gain time, or the actual amount of time to be served under the
sentence which will be imposed or any condition or circumstance of confinement in the Department of
Corrections.
have discussed the disclosure above with my attorney and agree to the representations made by my
attorney.
RX] I can read English.
(11 cannot read English, but this plea form was read to me by:
in, (language), in which I understand.
Felony Plea Form, approved 03/26/14 Page 3
SWORN TO, SIGNED AND FILED in open Court in the presence of Defense Counsel, the State, and the
Honorable Judge Scott H. Cupp on this 11 day of January, 20;
Roger D. Eaton
CLERK OF THE COURT Defqndat Signature
BY:
CLERK IN ATTENDANCE Defendant's Address
Felony Plea Form, approved 03/26/14 Page 4
CERTIFICATE OF DEFEND. °S COUNSEL
I, Patrick W. McDonald, defendant's Counsel of Record, certify that: I have discussed this case
with the defendant, including the nature of the charge(s), essential elements of each, the evidence against
him/her of which I am aware, the possible defenses he/she has, the maximum penalty for the charge(s)
and his/her right to appeal. .No promises have been made to the Defendant other than as set forth in this
plea or on the record. I believe he/she fully understands this written plea, the consequences or entering it
and that the Defendant does so of his/her own free will.
I have reviewed the discovery in this case and have discussed the evidence in this case with the defendant.
I believe this plea is in the defendant’s best interest. I have reviewed the discovery disclosed by the State,
including a listing or description of physical items of evidence. I reviewed with the defendant the nature
of the evidence disclosed through discovery.
1am personally unaware of any physical evidence for which DNA testing may exonerate my client.
Ihave fully advised and explained any deportation issues to the defendant. I understand that if the
defendant is not a United States citizen, entering this plea will subject him/her for deportation pursuant to
the laws and regulations governing the United States Department of Immigration and Customs
Enforcement. I believe that whether or not the defendant is actually deported as a consequence of the
plea, the defendant still wishes to enter this plea. Whether or not the defendant is subjected to deportation
proceedings as a consequence of this plea, he/she still wishes to enter this plea. I understand that this court
has no influence over whether or not the defendant will be deported; that is a matter for the federal
immigration agency. I further understand that certain felonies are considered “aggravated felonies” and
Immigration Services may not waive deportation proceedings for those felonies. I am fully aware that as
immigration laws are written today, if this plea is to one of the aggravated felonies set forth in 8 USCA
1227 and 1101, that deportation is highly probable.
1/10/2023 /s/ Patrick W. McDonald,
Date Patrick W. McDonald
Florida Bar No. 0099555
patrickm@pd20.org
Counsel for Defendant
CERTIFICATE OF PROSECUTOR
KX] I confirm that the recommendations previously set forth in paragraph 6(b) have been made. This
recommendation has been made on the express condition that the Defendant has truthfully and accurately
disclosed his/her prior criminal history.
Iam personally unaware of any physical evidence for which DNA testing may exonerate the defendant.
1/11/2023 /s/ Tracy L. Detzel
Date Tracy L. Detzel
Florida Bar No. 0072498
Assistant State Attorney
Felony Plea Form, approved 03/26/14 Page 5
ORDER ACCEPTING THE PLEA
Based upon the sworn testimony of the defendant in open court, based upon my review of the court file(s)
and/or based upon the dialogue between the defendant, the defendant’s attorney, the prosecuting attorney
and the judge, I find that the above plea was freely, knowingly, intelligently and voluntarily entered by
the defendant. I further find that there is a factual basis to support the plea and I find that the defendant
was represented by a competent attorney with whom the defendant says he/she is satisfied.
In addition to documents in the court file(s), I have relied upon the following information for a factual
basis:
IT IS ORDERED AND ADJUDGED that the defendant’s plea be
[/ccepted
Ci rejected
iN |
C1 accepted conditionally:
DONE AND ORDERED in open court on this 11 day of January,
\
Scott
Hono!
by IPP
Circuit Judge
ue
Felony Plea Form, approved 03/26/14 Page 6