is consistent with Minn. R. Evid. 410, which also governs the admissibility of evidence

of a withdrawn plea of guilty. Rule 410 is broader in that it makes inadmissible evidence relating to withdrawn pleas from other jurisdictions, including withdrawn pleas of nolo contendere from those jurisdictions that allow such a plea. It is strongly recommended that when the defendant is disabled in communication due to difficulty in speaking or comprehending English, a multilingual guilty plea petition be used that is in English as well as the language in which the defendant is able to communicate. The use of a multilingual petition would help assure that the translation is accurate and is preferable to the use of a petition that contains only the language other than English. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 65 CRIMINAL PROCEDURE MINNESOTA COURT RULES State of Minnesota County State of Minnesota, Plaintiff, vs. APPENDIX A TO MINN. R. CRIM. P. 15 District Court Judicial District: ____________________ Court File Number: ____________________ Case Type: Criminal Petition To Enter Plea of Guilty In Felony Case Pursuant To Rule 15 _________________________________, Defendant TO THE ABOVE NAMED COURT: I, __________, Defendant in the above-entitled action, do respectfully represent and state as follows: 1. My full name is __________. I am ___ years old, my date of birth is __________. The last grade that I went through in school is _____. 2. If filed in my case, I have received, read and discussed a copy of the (indictment)(complaint). 3. I understand the charge(s) made against me in this case. 4. Specifically, I understand the crime(s) of ______________________________________________________________________________________ ______________________________________________________________________________________committed on or about ________________ in _____________ County, Minnesota. that I have been charged with (month) (day) (year) 5. I am represented by an attorney whose name is __________. a. I feel that I have had sufficient time to discuss my case with my attorney. b. I am satisfied that my attorney is fully informed as to facts of this case. c. My attorney has discussed possible defenses to the crime that I might have. d. I am satisfied that my attorney has represented my interests and has fully advised me. 6. I □ have/ □ have never been a patient in a mental hospital. 7. I □ have/ □ have not talked with or been treated by a psychiatrist or other person for a nervous or mental condition. 8. I □ have/ □ have not been ill recently. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 66 MINNESOTA COURT RULES 9. I □ have/ □ have not recently been taking pills or other medicines. 10. I □ do/ □ do not make the claim that I was so drunk or so under the influence of drugs or medicine that I did not know what I was doing at the time of the crime. 11. I □ do/ □ do not make the claim that I was acting in self-defense or merely protecting myself or others at the time of the crime. 12. I □ do/ □ do not make the claim that the fact that I have been held in jail since my arrest and could not post bail caused me to decide to plead guilty in order to get the thing over with rather than waiting for my turn at trial. 13. I □ was/ □ was not represented by an attorney when I had a probable cause hearing. If I have not had a probable cause hearing, I understand that: a. I could now move that the complaint against me be dismissed for lack of probable cause and I know that if I do not make such a motion and go ahead with entering my plea of guilty, I waive all right to successfully object to the absence of a probable cause hearing. b. I waive all right to successfully object to any errors in the probable cause hearing when I enter my plea of guilty. 14. My attorney has told me and I understand that: a. The prosecutor for the case against me has: i. physical evidence obtained as a result of searching for and seizing the evidence; ii. evidence in the form of statements, oral or written that I made to police or others regarding this crime; iii. evidence discovered as a result of my statements or as a result of the evidence seized in a search; iv. identification evidence from a line-up or photographic identification; v. evidence the prosecution believes indicates that I committed one or more other crimes. b. I have a right to a pretrial hearing before a judge to determine whether or not the evidence the prosecution has could be used against me if I went to trial in this case. c. If I requested such a pretrial hearing I could testify at the hearing if I wanted to, but my testimony could not be used as substantive evidence against me if I went to trial and could only be used against me if I was charged with the crime of perjury. (Perjury means testifying falsely). d. I □ do/ □ do not now request such a pretrial hearing and I specifically □ do/ □ do not now waive my right to have such a pretrial hearing. e. Whether or not I have had such a hearing I will not be able to object tomorrow or any other time to the evidence that the prosecutor has. 15. I have been told by my attorney and I understand that: a. If I wish to plead not guilty I am entitled to a trial by a jury on the issue of guilt, and all jurors would have to agree I was guilty before the jury could find me guilty. b. If I plead guilty I will not have a trial by either a jury or by a judge without a jury. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. MINNESOTA COURT RULES CRIMINAL PROCEDURE c. With knowledge of my right to a trial on the issue of guilt, I now waive my right to 67 a trial. 16. I have been told by my attorney and I understand that if I wish to plead not guilty and have a trial by jury or trial by a judge I would be presumed innocent until my guilt is proved beyond a reasonable doubt. 17. I have been told by my attorney and I understand that: a. If I wish to plead not guilty and have a trial the prosecutor would be required to have the witnesses testify against me in open court in my presence and that I would have the right, through my attorney, to question these witnesses. b. With knowledge of my right to have the prosecution's witnesses testify in open court in my presence and be questioned by my attorney, I now waive this right. 18. I have been told by my attorney and I understand that: a. If I wish to plead not guilty and have a trial I would be entitled to require any witnesses that I think are favorable to me to appear and testify at trial. b. With knowledge of my right to require favorable witnesses to appear and testify at trial I now waive this right. 19. I have been told by my attorney and I understand that: a. A person who has prior convictions or a prior conviction can be given a longer prison term. b. The maximum penalty that the court could impose for this crime (taking into consideration any prior conviction or convictions) is imprisonment for ___ years. If a minimum sentence is required by statute the court may impose a sentence of imprisonment of not less than ___ months for this crime. c. For felony driving while impaired offenses and most sex offenses, a mandatory period of conditional release will follow any executed prison sentence that is imposed. Violating the terms of this conditional release may increase the time I serve in prison. In this case, the period of conditional release is ___ years. d. A person who participates in a crime by intentionally aiding, advising, counseling and conspiring with another person or persons to commit a crime is just as guilty of that crime as the person or persons who are present and participating in the crime when it is actually committed. e. My present probation or parole could be revoked because of my plea of guilty to this crime. f. The prosecutor is seeking an aggravated sentence of __________. 20. I have been told by my attorney and I understand that: a. My attorney discussed this case with one of the prosecuting attorneys, and my attorney and the prosecuting attorney agree that if I enter a plea of guilty, the prosecutor will do the following (provide the substance of the agreement): ______________________________________________________________________________ ______________________________________________________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 68 MINNESOTA COURT RULES ______________________________________________________________________________ b. If the court does not approve this agreement: i. I have an absolute right to withdraw my plea of guilty and have a trial. ii. Any testimony that I have given concerning the guilty plea could not be used against me unless I am charged with the crime of perjury based on this testimony. 21. That except for the agreement between my attorney and the prosecuting attorney: a. No one - including my attorney, any police officer, prosecutor, judge, or any other person - has made any promises to me, to any member of my family, to any of my friends, or to other persons, to obtain a plea of guilty from me. b. No one - including my attorney, any police officer, prosecutor, judge, or any other person - has threatened me, any member of my family, my friends, or other persons, to obtain a plea of guilty from me. 22. My attorney has told me and I understand that if my plea of guilty is for any reason not accepted by the court, or if I withdraw the plea, with the court's approval, or if the plea is withdrawn by court order on appeal or other review: a. I would then stand trial on the original charge(s). b. The prosecution could proceed against me just as if there had been no plea of guilty and no plea agreement. 23. My attorney has told me and I understand that if my plea of guilty is accepted by the judge I have the right to appeal, but that any appeal or other court action I may take claiming error in the proceedings probably would be useless and a waste of my time and the court's time. 24. My attorney has told me and I understand that a judge will not accept a plea of guilty from anyone who claims to be innocent. 25. I now make no claim that I am innocent. 26. I have been told by my attorney and I understand that if I wish to plead not guilty and have a jury trial: a. I could testify at trial if I wanted to but I could not be forced to testify. b. If I decided not to testify neither the prosecutor nor the judge could comment on my failure to testify. c. With knowledge of my right not to testify and that neither the judge nor the prosecutor could comment on my failure to testify at trial I now waive this right and will tell the judge about the facts of the crime. 27. My attorney has told me and I understand that if I am not a citizen of the United States, my plea of guilty may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen. 28. That in view of all the above facts and considerations, I wish to enter a plea of guilty to the offenses of _________________________________________________________________ (name of offense(s)) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 69 CRIMINAL PROCEDURE MINNESOTA COURT RULES in violation of __________________________________________________________________ (statute(s) or ordinance(s)) Dated: _______________________ __________________________________________ Signature of Defendant Name: ____________________________________ Street Address: _____________________________ City/State/Zip: ______________________________ E-mail address: _____________________________ (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990; amended effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1999; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight February 1, 2003; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006; amended effective October 1, 2017.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 70 MINNESOTA COURT RULES State of Minnesota County State of Minnesota, Plaintiff, vs. APPENDIX B TO MINN. R. CRIM. P. 15 District Court Judicial District: ____________________ Court File Number: ____________________ Case Type: Criminal Petition To Enter Plea of Guilty In Misdemeanor Or Gross Misdemeanor Case Pursuant To Rule 15 _________________________________, Defendant TO THE ABOVE NAMED COURT: I wish to enter a plea of guilty in the above-entitled case and I hereby state to the Court the following: 1. I am the Defendant in this case, my full name is __________ and my date of birth is __________. 2. I am charged with ______________________________________________________ , (name of offense(s)) in violation of ______________________________________________________________ . (statute(s) or ordinance(s)) 3. I hereby plead guilty to the offense(s) of _____________________________________ , (name of offense(s)) in violation of ______________________________________________________________ . (statute(s) or ordinance(s)) 4. I am pleading guilty because on ___________ in the City of __________, County of (date) __________, State of Minnesota, I committed the following acts (state sufficient facts to establish a factual basis for all elements of the offense(s) to which the defendant is pleading guilty): _____ ______________________________________________________________________________ ______________________________________________________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 71 CRIMINAL PROCEDURE MINNESOTA COURT RULES _____________________________________________________________________________. 5. I understand that the maximum possible sentence for any misdemeanor offense to which I am pleading guilty is 90 days imprisonment or a fine of $__________ or both, and that the maximum possible sentence for any gross misdemeanor offense to which I am pleading guilty is imprisonment for 364 days or a fine of $__________ or both. 6. RIGHT TO AN ATTORNEY. I understand that I have the right to be represented by an attorney and that an attorney will be appointed to represent me without cost to me if I cannot afford to pay for an attorney. 7. □ I have fully discussed the charge(s), my constitutional rights, and this petition with my attorney, ______________________________. (name of attorney) OR □ WAIVER OF ATTORNEY. I give up my right to be represented by an attorney and any right I might have to request that an attorney be appointed to represent me. 8. I understand that I also have the following constitutional rights which I knowingly and voluntarily give up: a. The right to a trial to the court or to a jury in which I am presumed innocent until proven guilty beyond a reasonable doubt and in which all jurors in a jury trial must agree I am guilty before the jury could find me guilty. b. The right to confront and cross-examine all witnesses against me. c. The right to remain silent or to testify for myself. d. The right to subpoena and present witnesses to testify for me in my defense. e. The right to a pretrial hearing to contest the admissibility at trial of any confessions or admissions or of any evidence obtained from a search and seizure. 9. I am entering my plea of guilty freely and voluntarily and without any promises except as indicated in number 10 below. 10. I am entering my plea of guilty based on the following plea agreement with the prosecutor (if none so state): ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________. 11. I understand that if the court does not approve this agreement I have the right to withdraw my plea of guilty and have a trial. 12. I understand that if this plea of guilty is accepted I have the right to be present at the time of sentencing and to speak and to present evidence on my behalf. 13. □ I hereby knowingly and voluntarily give up my right to be present when my plea is entered. 14. □ I hereby request to be present at the time of sentencing. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE OR MINNESOTA COURT RULES 72 □ I hereby knowingly and voluntarily give up my right to be present at the time of sentencing and request that the court sentence me in my absence, but according to any plea agreement that might be contained in this petition. 15. I understand that if I am not a citizen of the United States, my plea of guilty may result in deportation, exclusion from admission to the United States, or denial of naturalization as a United States citizen. Dated: _______________________ __________________________________________ Signature of Defendant Name: ____________________________________ Street Address: _____________________________ City/State/Zip: ______________________________ E-mail address: _____________________________ I, _________________________________, state that I am the attorney for the defendant in the above-entitled criminal action; and that I personally explained the contents of the above petition to the defendant. Dated: _______________________ __________________________________________ Attorney of Defendant __________________________________________ E-mail address PETITION AND PLEA OF GUILTY ACCEPTED BY ____________________________________ _____________________ Judge of District Court Date (Effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1990; amended effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1999; amended effective August 1, 2012; amended effective October 1, 2017; amended effective June 23, 2023.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 73 CRIMINAL PROCEDURE MINNESOTA COURT RULES APPENDIX C TO MINN. R. CRIM. P. 15 STATE OF MINNESOTA COUNTY OF____________ IN DISTRICT COURT __________JUDICIAL DISTRICT ________________________________________________________________________ State of Minnesota, Plaintiff, vs. _____________________, Defendant. PETITION TO ENTER PLEA OF GUILTY BY PRO SE DEFENDANT ________________________________________________________________________ TO: THE ABOVE NAMED COURT I, _______________, defendant in the above-entitled action do respectfully represent and state as follows: 1. My full name is _______________. I am ___ years old. My date of birth is _______________. The last grade that I went through in school is _____. 2. If filed in my case, I have received and read a copy of the (Indictment)(Complaint). 3. I understand the charge made against me in this case. 4. Specifically, I understand that I have been charged with the crime of __________ committed on or about __________ (month) __________ (day) ____ (year) in __________ County, Minnesota, (and that the crime I am talking about is _____________ which is a lesser degree or lesser included offense of the crime charged). 5a. I understand that I have an absolute right to have an attorney represent me at any stage of these proceedings, including a guilty plea. b. I have read over and completed a Petition to Proceed as Pro Se Counsel (Form 11) and provided that Petition to the Court on ____________________. c. I have been advised of the nature of the charges and statutory offenses included in the charges against me, the maximum sentence permitted, the possible defenses, mitigating circumstances, and other relevant facts so that I understand the advantages and disadvantages of waiving my right to an attorney. d. Knowing the consequences of giving up my right to counsel, I waive my right to be represented by an attorney during the entry of my guilty plea. 6. I (have) (have not) been a patient in a mental hospital. 7. I (have) (have not) talked with or been treated by a psychiatrist or other person for a nervous or mental condition. 8. I (have) (have not) been ill recently. 9. I (have) (have not) recently been taking pills or other medicines. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 74 MINNESOTA COURT RULES 10. I (do) (do not) make the claim that I was so drunk or so under the influence of drugs or medicine that I did not know what I was doing at the time of the crime. 11. I (do) (do not) make the claim that I was acting in self-defense or merely protecting myself or others at the time of the crime. 12. I (do) (do not) make the claim that the fact that I have been held in jail since my arrest and could not post bail caused me to decide to plead guilty in order to get the thing over with rather than waiting for my turn at trial. 13. I (was) (was not) represented by an attorney when I (had a probable cause hearing.) (If I have not had a probable cause hearing.) a. I know that I could now move that the complaint against me be dismissed for lack of probable cause and I know that if I do not make such a motion and go ahead with entering my plea of guilty, I waive all right to successfully object to the absence of a probable cause hearing. b. I also know that I waive all right to successfully object to any errors in the probable cause hearing when I enter my plea of guilty. 14. I understand: a. That the prosecutor for the case against me, has: i. physical evidence obtained as a result of searching for and seizing the evidence; ii. evidence in the form of statements, oral or written that I made to police or others regarding this crime; iii. evidence discovered as a result of my statements or as a result of the evidence seized in a search; iv. identification evidence from a lineup or photographic identification; v. evidence the prosecution believes indicates that I committed one or more other crimes. b. That I have a right to a pre-trial hearing before a judge to determine whether or not the evidence the prosecution has could be used against me if I went to trial in this case. c. That if I requested such a pre-trial hearing I could testify at the hearing if I wanted to, but my testimony could not be used as substantive evidence against me if I went to trial and could only be used against me if I was charged with the crime of perjury. (Perjury means testifying falsely.) d. That I (do) (do not) now request such a pre-trial hearing and I specifically (do) (do not) now waive my right to have such a pre-trial hearing. e. That whether or not I have had such a hearing I will not be able to object tomorrow or any other time to the evidence that the prosecutor has. 15. I understand: a. That if I wish to plead not guilty I am entitled to a trial by a jury on the issue of guilt, and all jurors would have to agree I was guilty before the jury could find me guilty. b. That if I plead guilty I will not have a trial by either a jury or by a judge without a jury. c. That with knowledge of my right to a trial on the issue of guilt, I now waive my right to a trial. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 75 CRIMINAL PROCEDURE MINNESOTA COURT RULES 16. I understand that if I wish to plead not guilty and have a trial by jury or trial by a judge I would be presumed innocent until my guilt is proved beyond a reasonable doubt. 17. I understand: a. That if I wish to plead not guilty and have a trial the prosecutor would be required to have the witnesses testify against me in open court in my presence and that I would have the right to question these witnesses. b. That with knowledge of my right to have the prosecution's witnesses testify in open court in my presence and questioned by me, I now waive this right. 18. I understand: a. That if I wish to plead not guilty and have a trial I would be entitled to require any witnesses that I think are favorable to me to appear and testify at trial. b. That with the knowledge of my right to require favorable witnesses to appear and testify at trial I now waive this right. 19. I understand: a. That a person who has prior convictions or a prior conviction can be given a longer prison term because of this. b. That the maximum penalty that the court could impose for this crime (taking into consideration any prior conviction or convictions) is imprisonment for ___ years. That if a minimum sentence is required by statute the court may impose a sentence of imprisonment of not less than ___ months for this crime. c. That a person who participates in a crime by intentionally aiding, advising, counseling and conspiring with another person or persons to commit a crime is just as guilty of that crime as the person or persons who are present and participating in the crime when it is actually committed. d. That my present probation or parole could be revoked because of the plea of guilty to this crime. e. That if I am not a citizen of the United States, my plea of guilty to this crime may result in deportation, exclusion from admission to the United States or denial of naturalization as a United States citizen. f. That the prosecutor is seeking an aggravated sentence of __________. 20. I understand: a. That I have discussed this case with one of the prosecuting attorneys and that the prosecuting attorney and I agreed that if I entered a plea of guilty, the prosecutor will do the following: (Give the substance of the agreement) b. That if the court does not approve this agreement: i. I have an absolute right to then withdraw my plea of guilty and have a trial. ii. Any testimony that I have given concerning the guilty plea could not be used against me unless I am charged with the crime of perjury based on this testimony. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 76 MINNESOTA COURT RULES 21. That except for the agreement between the prosecuting attorney and me: a. No one - including any police officer, prosecutor, judge, or any other person - has made any promises to me, to any member of my family, to any of my friends or other persons, in order to obtain a plea of guilty from me. b. No one - including any police officer, prosecutor or judge, or any other person - has threatened me or any member of my family or my friends or other persons, in order to obtain a plea of guilty from me. 22. I understand that if my plea of guilty is for any reason not accepted by the court, or if I withdraw the plea, with the court's approval, or if the plea is withdrawn by court order on appeal or other review: a. I would then stand trial on the original charge (charges) against me, namely ____________________ (which would include any charges that were dismissed as a result of the plea agreement entered into by the prosecuting attorney and me.) b. The prosecution could proceed against me just as if there had been no plea of guilty and no plea agreement. 23. I understand that if my plea of guilty is accepted by the judge I have the right to appeal, but that any appeal or other court action I may take claiming error in the proceedings probably would be useless and a waste of my time and the court's time. 24. I understand that a judge will not accept a plea of guilty for anyone who claims to be innocent. 25. I now make no claim that I am innocent. 26. I understand that if I wish to plead not guilty and have a jury trial: a. That I could testify at trial if I wanted to, but I could not be forced to testify. b. That if I decided not to testify neither the prosecutor nor the judge could comment on my failure to testify. c. That with knowledge of my right not to testify and that neither the judge nor the prosecutor could comment on my failure to testify at trial I now waive this right and I will tell the judge about the facts of the crime. 27. That in view of all the above facts and considerations I wish to enter a plea of guilty. Dated this ___ day of __________, ____ ____________________________________________ DEFENDANT (Added effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1999; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 77 CRIMINAL PROCEDURE MINNESOTA COURT RULES APPENDIX D TO RULE 15 PLEA AGREEMENT STATE OF MINNESOTA COUNTY OF ___________ DISTRICT COURT __________ JUDICIAL DISTRICT ________________________________________________________________________ State of Minnesota, PLEA AGREEMENT Plaintiff, vs. _________________________________, Defendant District Court File No. __________ ________________________________________________________________________ 1. Negotiation Status ______ The terms and conditions outlined in this agreement are a joint recommendation to the Court, but the Court is not bound to those terms and may impose different terms than those outlined in this agreement. ______ The terms and conditions outlined in this negotiation are required by the agreement. If the Court will not sentence the defendant to the terms outlined in this agreement, either party may withdraw from the agreement. 2. Charges/Dismissals/Deferrals ______ The defendant will enter a plea of guilty to the following counts from the following files: ________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ______ This case will be deferred pursuant to a pretrial diversion program. If the defendant successfully completes this program, the case will be dismissed. ______ This case will be deferred pursuant to Minn. Stat. section 152.18 with conditions outlined in Section 4. If the defendant successfully completes those conditions, the case will be dismissed. ______ This matter will be continued for dismissal for a period of __________ on condition that the defendant abide by the following conditions: _________________________ ____________________________________________________________________ ____________________________________________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 78 MINNESOTA COURT RULES ______ Successful completion of probation will result in vacation of plea and dismissal of charge. ______ The following counts in this case or other criminal complaints will be dismissed: ____________________________________________________________________ ____________________________________________________________________ ______ This complaint will be amended to the lesser included offense(s) (or amended to the separate offense) of: ___________________________________________________ ____________________________________________________________________ ______ The State will not seek criminal charges arising out of the following conduct: ____________________________________________________________________ ____________________________________________________________________ 3. Level of Conviction ______ The parties agree to a misdemeanor or gross misdemeanor sentence of ____________ ____________________________________________________________________ ______ The parties agree to a stay of imposition of sentence for ___ years. ______ The parties agree to a stay of execution of sentence with a stayed sentence of ___ months and a stay for ___ years. ______ The parties agree to an executed sentence of ___ months. ______ The parties agree to a waiver of the mandatory minimums found in Minn. Stat. section 609.11. ______ (If sentenced on multiple counts/files) The prison term in this case is arrived at by the following sentences from the following counts/files to be served consecutively/concurrently (circle one): ____________________________________ ____________________________________________________________________ ____________________________________________________________________ ______ The parties agree to whatever sentence is presumed by the Minnesota Sentencing Guidelines. ______ The parties agree this is a departure from the Minnesota Sentencing Guidelines (or other sentencing enhancement) based on the following factors: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 79 CRIMINAL PROCEDURE MINNESOTA COURT RULES ____________________________________________________________________ ____________________________________________________________________ ______ The parties agree to a sentencing range of ___ months to ___ months. ______ (DWI and Criminal Sexual Conduct cases) If this is an executed sentence or if this sentence is ever executed, the parties understand that the defendant is subject to an extended term of conditional release for five or ten years after any term of imprisonment. ______ The parties also understand the defendant will be required to provide a biological sample for the state DNA database. 4. If this is a probationary sentence the parties agree to the following terms and conditions: ______ All terms of probation left to discretion of the Court. ______ A probationary term of _________________________________________________ ______ A workhouse or jail term of _____________________________________________ ______ A workhouse or jail term not to exceed ("a cap" of) ___________________________ ____________________________________________________________________ ______ This term may be served intermittently on the following dates: __________________ ____________________________________________________________________ ______ The defendant will be eligible for Huber release for the following purposes: ____________________________________________________________________ ____________________________________________________________________ ______ Community service for ___ hours. ______ Sentence to Serve for ___ days. ______ Electronic home monitoring for ___ days. ______ Undergo any treatment-related evaluation recommended by Probation or the Department of Court Services. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 80 MINNESOTA COURT RULES ______ Enter and successfully complete the following programs: ______________________ ____________________________________________________________________ ____________________________________________________________________ ______ Enter and successfully complete any program recommended by Probation or the Department of Court Services. ______ No contact in person, by mail, by phone, by third party, or electronically with: ____________________________________________________________________ ____________________________________________________________________ ______ A fine of __________ and applicable surcharges. ______ Other: _______________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 5. Restitution ______ Defendant agrees to make restitution in the amount of __________. ______ Restitution to be determined by the Court. 6. Miscellaneous Provisions _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Dated:________________________ ___________________________________ Defendant ______________________________ ___________________________________ Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 81 CRIMINAL PROCEDURE MINNESOTA COURT RULES Prosecuting Attorney Defense Attorney (Added effective November 5, 2003; amended effective for criminal actions commenced or arrests made after 12 o'clock midnight March 1, 2006.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 82 MINNESOTA COURT RULES APPENDIX E TO MINN. R. CRIM. P. 15 STATE OF MINNESOTA COUNTY OF ___________ IN DISTRICT COURT __________JUDICIAL DISTRICT ________________________________________________________________________ State of Minnesota, Plaintiff, vs. _________________________________, Defendant. PETITION REGARDING AGGRAVATED SENTENCE ________________________________________________________________________ TO: THE ABOVE NAMED COURT I, _______________, defendant in the above entitled action do respectfully represent and state as follows: 1. I have pled guilty to or have otherwise been found guilty of the crime of __________. 2. I understand the presumptive guideline sentence for this offense is __________, and I could not be given an aggravated sentence greater than the presumptive sentence unless the prosecution proves facts in support of such an aggravated sentence. 3. I understand the prosecution is seeking a sentence greater than that called for in the sentencing guidelines. Specifically, I understand the sentence in this case will be __________ or will be left to the judge to decide. 4. I am represented by attorney __________ and: a. I feel I have had sufficient time to discuss the issue of an aggravated sentence with my attorney. b. I am satisfied my attorney is fully informed as to the facts related to an aggravated sentence and that my attorney has discussed possible defenses I have to an aggravated sentence. c. I am satisfied that my attorney has represented my interests and has fully advised me about an aggravated sentence. 5. My attorney has told me and I understand that even though I have pled guilty to or been otherwise found guilty of the crime of __________, I have the right to deny the facts alleged by the prosecution in support of an aggravated sentence. 6. My attorney has told me and I understand that I am entitled to a trial by either a jury or a judge to determine whether an aggravated sentence may be imposed upon me. 7. My attorney has told me and I understand that at such trial I have the following rights: a. I am presumed not to be subject to an aggravated sentence. b. The prosecution must prove facts supporting an aggravated sentence to either a jury or a judge beyond a reasonable doubt. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 83 CRIMINAL PROCEDURE MINNESOTA COURT RULES c. That before a jury could find facts supporting an aggravated sentence, all jurors would have to agree. That means the jury's decision must be unanimous. d. That at a trial before either a jury or a judge, the prosecution will be required to call witnesses in open court and in my presence, and I, through my attorney, will have the right to question the witnesses. e. That I may require any witnesses I think are favorable to me to appear and testify on my behalf. f. That I may testify at such a trial if I wish to, but that if I choose not to testify, neither the prosecution nor the judge could comment to the jury about the failure to testify. g. That if I admit the facts in support of an aggravated sentence, I will not have a trial by either a jury or a judge. 8. That with knowledge of my right to a trial on the facts in support of an aggravated sentence, I now waive my right to a trial. 9. I now waive my right not to testify and I will tell the judge about the facts which support an aggravated sentence. Dated: _____________________ ______________________________________ Signature of Defendant (Added effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1999; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 84 MINNESOTA COURT RULES APPENDIX F TO MINN. R. CRIM. P. 15 STATE OF MINNESOTA COUNTY OF ___________ IN DISTRICT COURT __________JUDICIAL DISTRICT ________________________________________________________________________ State of Minnesota, Plaintiff, vs. _________________________________, Defendant. PETITION REGARDING AGGRAVATED SENTENCE BY PRO SE DEFENDANT ________________________________________________________________________ TO: THE ABOVE NAMED COURT I, __________, defendant in the above entitled action do respectfully represent and state as follows: 1. I have pled guilty to or have otherwise been found guilty of the crime of __________. 2. I understand the presumptive guideline sentence for this offense is __________, and I could not be given an aggravated sentence greater than the presumptive sentence unless the prosecution proves facts in support of such an aggravated sentence. 3. I understand the prosecution is seeking a sentence greater than that called for in the sentencing guidelines. Specifically, I understand the sentence in this case will be __________ or will be left to the judge to decide. 4. I understand that although I have pled guilty to or have otherwise been found guilty of the crime of __________, I have the right to deny the facts alleged by the prosecution in support of an aggravated sentence. 5. I understand that I am entitled to a trial by either a jury or a judge to determine whether an aggravated sentence may be imposed upon me. 6. I understand that I have an absolute right to have an attorney represent me at such trial and knowing the consequences of giving up my right to counsel, I waive my right to be represented by an attorney. 7. I understand that at a trial by a jury or a judge to determine if an aggravated sentence may be imposed upon me, I have the following rights: a. I am presumed not to be subject to an aggravated sentence. b. The prosecution must prove facts supporting an aggravated sentence to either a jury or a judge beyond a reasonable doubt. c. That before a jury could find facts supporting an aggravated sentence, all jurors would have to agree. That means the jury's decision would have to be unanimous. d. That at a trial before either a jury or a judge, the prosecution will be required to call witnesses in open court and in my presence, and that I would have the right to question the witnesses. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. MINNESOTA COURT RULES CRIMINAL PROCEDURE e. That I may require any witnesses I think are favorable to me to appear and testify on my 85 behalf. f. That I may testify at such a trial if I wish to, but that if I choose not to testify, neither the prosecution nor the judge could comment to the jury about the failure to testify. g. That if I admit the facts in support of an aggravated sentence, I will not have a trial by either a jury or a judge. 8. That with knowledge of my right to a trial on the facts in support of an aggravated sentence, I now waive my right to a trial. 9. I now waive my right not to testify and I will tell the judge about the facts which support an aggravated sentence. Dated: _____________________ ______________________________________ Signature of Defendant (Added effective for criminal actions commenced or arrests made after 12 o'clock midnight January 1, 1999; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006; amended effective for all criminal actions commenced or arrests made after 12 o'clock midnight October 1, 2006.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CRIMINAL PROCEDURE 86 MINNESOTA COURT RULES APPENDIX G TO MINN. R. CRIM. P. 15 District Court Judicial District: ____________________ Court File Number: ____________________ Case Type: Criminal State of Minnesota County State of Minnesota, Plaintiff vs. _________________________________, Defendant TO THE ABOVE-NAMED COURT: Alford Addendum to Petition to Enter Plea of Guilty Pursuant to Rule 15 When a defendant tenders a guilty plea while maintaining innocence, the following language replaces paragraphs 24 and 25 of the Petition to Enter Plea of Guilty in Felony Case Pursuant to