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State of Alabama
Unified Judicial System
Form CR-52
Page 1
Rev. 1/2019
EXPLANATION OF RIGHTS AND PLEA OF GUILTY
(Habitual Felony Offender – Circuit or District Court)
(FOR OFFENSES COMMITTED ON OR AFTER JANUARY 30, 2016)
Class D Felonies
Case Number
Count
(count # if applicable)
IN THE ________________________________
COURT OF _________________________________, ALABAMA
(Circuit or District)
(Name of County)
STATE OF ALABAMA v.______________________________________________________________________
Defendant
TO THE ABOVE-NAMED DEFENDANT: The Court having been informed that you wish to enter a plea of guilty
in this case, hereby informs you of your rights as a criminal defendant.
PENALTIES APPLICABLE TO YOUR CASE
You are Charged with the crime of ____________________________________________________, which is a Class ____ Felony.
The court has been informed that you desire to enter a plea of guilty to this offense or
to the crime of __________________________________________________________________, which is a Class _____ Felony.
The Presumptive sentence disposition is Non-Prison
Prison
If the Presumptive sentence disposition is Prison, an Alabama Department of Corrections sentence is limited to offenders that have been previously
convicted of any three or more felonies, or previously convicted of any two or more felonies that are Class A or Class B felonies.
If the Presumptive sentence disposition is Non-Prison, a jail sentence is limited to offenders that have been previously convicted of any three or
more felonies, or previously convicted of any two or more felonies that are Class A or Class B felonies.
The Presumptive Total Sentence Length range is ____ months to ____ months and the Split range is ____ months to ____ months
Class D felony
Not less than one (1) year and one (1) day and not more than five (5) years imprisonment in the state penitentiary and must be
in accordance with subsection (b) of Section 15-18-8, including hard labor and may include a fine not to exceed $7,500. For
imprisonment not more than 3 years, confinement may be in county jail and sentence may include hard labor.
The Alabama Habitual Offender Act, Section 13A-5-9, Ala. Code 1975, as amended by Act 2015-185, provides the following punishments for
Class D felony offenses.
Prior Felonies
This Offense
No
Prior Felonies
One
Prior Felony
Two
Prior Felonies
Three +
Prior Felonies
Class D felony
1 Yr. & 1 Day – 5 Years
In State Penitentiary
Fine Up To $7,500
1 Yr. & 1 Day – 5 Years
In State Penitentiary
Fine Up To $7,500
-If previously convicted of any two or more felonies that are Class A or Class B
felonies and after such convictions has committed a Class D felony, upon conviction,
he or she must be punished for a Class C felony (maximum of 10 years).
-If previously convicted of any three or more felonies and after such convictions
has committed a Class D felony, upon conviction, he or she must be punished for
a Class C felony (maximum of 10 years).
Multiple Sentences. If you face multiple sentences for multiple crimes, the court may order your sentence for the above crime to run consecutively to
or concurrently with the other sentence or sentences.
Costs & Crime Victim's Assessment: You will also be ordered to pay the costs of court, which may include the fees of any appointed attorney, fines,
fees, assessments, and restitution if there is any. You will also be ordered to pay an additional monetary penalty for the use and benefit of the Alabama
Crime Victims Compensation Commission of not less than $50 and not more than $10,000 for each felony and not less than $25 and not more than
$1,000 for each misdemeanor for which you are convicted.
This crime is also subject to the following enhancements or additional penalties as provided by law:(Provisions Checked Apply to Your Case)
Enhanced Punishment for Use of Firearm or Deadly Weapon: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide for the
enhancement of a punishment for a Class A, B, or C, felony in which a “firearm or deadly weapon was used or attempted to be used in the
commission of the felony.” This section provides for the following punishments in such events: For the commission of a Class A Felony, a term
of imprisonment of not less than 20 years; For the commission of a Class B or C Felony, a term of imprisonment of not less than 10 years.
Form CR-52 Rev. 1/2019
Page 2
EXPLANATION OF RIGHTS AND PLEA OF GUILTY
(Habitual Felony Offender – Circuit/District Court)
Enhanced Punishment for a Felony Criminal Sex Offense Involving a Child: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide
for the enhancement of a punishment for a Class A or B felony criminal sex offense involving a child under the age of 12 or involving child
pornography. These Sections provide for the following punishment in such events: For a Class A felony criminal sex offense, not less than 20
years; For a Class B felony sex offense, not less than 10 years.
nhanced Punishment For Use Of Firearm Or Deadly Weapon: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide for the
enhancement of a punishment for a Class A, B, or C, felony in which a “firearm or deadly weapon was used or attempted to be used in the
commission of the felony.” This section provides for the following punishments in such events: For the commission of a Class A Felony, a term
of imprisonment of not less than 20 years; For the commission of a Class B or C Felony, a term of imprisonment of not less than 10 years.
nhanced Punishment for a Felony Criminal Sex Offense Involving a Child: Sections 13A-5-6(a)(5) and (a)(6), Ala. Code 1975, provide
for the enhancement of a punishment for a Class A or B felony criminal sex offense involving a child under the age of 12 or involving child
pornography. These Sections provide for the following punishment in such events: For a Class A felony criminal sex offense, not less than
20 years; For a Class B felony sex offense, not less than 10 years.
nhanced Punishment for Drug Sale Near School: Section 13A-12-250, Ala. Code 1975, provides that any person who is convicted of
unlawfully selling any controlled substance within a three (3) mile radius of a public or private school, college, university or other educational
institution, must be punished by an additional penalty of five years imprisonment for each violation.
nhanced Punishment for Drug Sale Near Housing Project: Section 13A-12-270, Ala. Code 1975, provides that any person who is convicted
of unlawfully selling any controlled substance within a three (3) mile radius of a public housing project owned by a housing authority must be
punished by an additional penalty of five years imprisonment in a state correctional facility for each violation.
nhanced Punishment for Sales of Controlled Substance to One Under the age of 18: Section 13A-12-215, Ala. Code 1975, provides that
anyone convicted of selling, furnishing or giving away a controlled substance to one who has not yet attained the age of 18 years, shall
be guilty of a Class A Felony and the punishment imposed shall not be suspended or probation granted.
rug Demand Reduction Assessment Act and Loss of Driving Privileges: Section 13A-12-281 provides that any person convicted of a
violation of Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215 or 13A-12-231, Ala. Code 1975,
shall be assessed an additional penalty of $1,000 if he or she is a first-time offender or $2,000 if he or she is a repeat offender under one of
these sections. Collection of all or part of the penalty will be suspended if, with court approval, the defendant enters a drug rehabilitation program
and if the defendant agrees to pay for a part or all of the program costs. Upon successful completion of the program, the defendant may apply
to the court to reduce the penalty by the amount actually paid by him or her for participation in the program. Any suspension of the penalty can
be withdrawn by the court if the defendant fails to enroll in or successfully pursue or otherwise fail to complete an approved program. Loss of
Driving Privileges: Pursuant to Section 13A-12-291, Ala. Code 1975, a driver’s license shall be suspended for six months for a conviction for
any of the following: attempting to commit, criminally conspiring to commit, criminal solicitation to commit, or committing the crime of trafficking
in specified substances under Section 13A-12-231; attempting to commit, criminal solicitation to commit, or committing the crime of unlawful
possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211. Suspension of a driver’s license
for a conviction of driving under the influence of a controlled substance or under the combined influence of a controlled substance and alcohol
shall be governed by Section 32-5A-191, the DUI law.
lcohol/Drug Related Offenses: A person convicted of an alcohol or drug-related offense will be required to undergo an evaluation for
substance abuse. Based upon the results of any such evaluation, he or she will be required to complete the recommended course of education
and/or treatment and to pay for the evaluation and any program to which the defendant is referred. Failure to submit to an evaluation or failure
to complete any program to which the defendant may be referred will be considered a violation of any probation or parole he or she may be
granted. The defendant may also be required to attend monitoring sessions, including random drug and alcohol testing or blood, urine and/or
breath tests and to pay a fee for this service. The defendant may request a waiver of part or all of the fees assessed if he or she is indigent or
for any portion of time he or she is financially unable to pay. Community service may be ordered by the court in lieu of the monetary payment of
fees by an indigent.
nhanced Punishment for a Criminal Sex Offense: A person convicted of a sex offense is required to comply with the requirements of the
Alabama Sex Offender Registration and Notification Act (Section 15-20A-1, et seq., Ala. Code, 1975).
rug Trafficking Offenses: Convictions for drug trafficking while in possession of a firearm includes an additional mandatory period of
incarceration of 5 years and a mandatory fine of $25,000.
UI Offenses: Pursuant to 32-5A-191.4, Code of Alabama 1975, persons convicted of driving under the influence are subject to installation of
an ignition interlock devices on motor vehicles. Pursuant to Section 32-5A-191, Ala. Code 1975, a conviction for driving under the influence
carries a mandatory driver’s license suspension.
rug Possession: If any person is convicted in any court of this state for drug possession, drug sale, drug trafficking, or drug paraphernalia
offenses as defined in Section 13A-12-211 to 13A-12-260, inclusive, Ala. Code 1975, an additional fee of $100.00 will be assessed pursuant to
Section 36-18-7, Ala. Code 1975.
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Form CR-52 Rev. 1/2019
Page 3
EXPLANATION OF RIGHTS AND PLEA OF GUILTY
(Habitual Felony Offender – Circuit/District Court)
RIGHTS YOU HAVE AND WAIVER OF YOUR RIGHTS
Under the Constitution of the United States and the Constitution and laws of the State of Alabama, you have a right to remain silent and you may
not be compelled to give evidence against yourself. You attorney cannot disclose any confidential talks he/she has had with you. You are not required
to answer any questions. If you do answer questions knowing that you have a right to remain silent, you will have waived this right. You have the right
to enter, and continue to assert, a plea of “Not Guilty” or “Not Guilty by Reason of Mental Disease or Defect”, and have a public trial before a duly
selected jury. The jury would decide your guilt or innocence based upon the evidence presented before them. If you elect to proceed to trial, you would
have the right to be present, you would have the right to have your attorney present to assist you, you would have the right to confront and cross
examine your accuser(s) and all the State’s witnesses, you would have the right to subpoena witnesses to testify on your behalf and to have their
attendance in court and their testimony required by the court, and you would have the right to take the witness stand and to testify, but only if your
choose to do so, as no one can require you to do this. If you elect to testify, you can be cross examined by the State, just as any other witness
is subjected to cross examination. If you decide not to testify, no one but your attorney will be allowed to comment about that fact to the jury. Your
attorney is bound to do everything he/she can honorably and reasonably do to see that you obtain a fair and impartial trial.
If you elect to proceed to trial, you come to court presumed to be innocent. This presumption of innocence will follow you throughout the trial until
the State produces sufficient evidence to convince the jury (or the court if the trial is non-jury) of your guilt beyond a reasonable doubt. You have no
burden of proof in this case. If the State fails to meet its burden, you would be found not guilty. If you are entering a guilty plea to a charge for which
you have not yet been indicted, you are waiving indictment by a grand jury and you will be pleading guilty to a charge preferred against you by a District
Attorney’s Information filed with the court.
If you are not a United States citizen, a guilty plea may subject you to adverse immigration consequences, including deportation (See 8 U.S.C.
§1227), exclusion from reentry to the United States and amnesty, and that the appropriate consulate may be informed of the plea and conviction.
If you plead guilty, there will be no trial. You will be waiving your rights outlined above, except your rights relating to representation by an attorney.
The state will have nothing to prove and you will stand guilty on your guilty plea. By entering a plea of guilty, YOU WILL ALSO WAIVE YOUR RIGHT
TO APPEAL, unless in appeals to the Court of Criminal Appeals or the Supreme Court (1) you have before entering the plea of guilty, expressly
reserved the right to appeal with respect to a particular issue or issues, in which event appellate review shall be limited to a determination of the issue
or issues reserved, (2) you have timely filed a motion to withdraw the plea of guilty after pronouncement of sentence on the ground that the withdrawal
is necessary to correct a manifest injustice, and the court has denied your motion to withdraw your plea, or the motion has been deemed denied by
operation of law.
IF YOU HAVE A RIGHT TO APPEAL UNDER ONE OF THE CONDITIONS ABOVE AND YOU ARE DETERMINED BY THE COURT TO BE
INDIGENT, COUNSEL WILL BE APPOINTED TO REPRESENT YOU ON APPEAL IF YOU SO DESIRE AND IF THE APPEAL IS FROM A CIRCUIT
COURT JUDGMENT OR SENTENCE, A COPY OF THE RECORD AND REPORTER’S TRANSCRIPT WILL BE PROVIDED AT NO COST TO YOU.
IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR THE CONSEQUENCES OF PLEADING GUILTY, PLEASE LET THE COURT KNOW
NOW AND FURTHER EXPLANATION WILL BE MADE.
he court having personally addressed the defendant determines that the defendant has entered the plea voluntarily.
ATTORNEY’S CERTIFICATE
I certify that the above was fully read to the defendant by me; that I explained the penalty or penalties involved with the defendant; that I discussed
in detail defendant’s rights and the consequences of pleading guilty; and that, in my judgment, the defendant understands the same and that he/she is
knowingly, voluntarily, and intelligently waiving his/her rights and entering a voluntary and intelligent plea of guilty. I further certify to the court that I
have in no way forced or induced the defendant to plead guilty and to my knowledge no one else has done so.
___________________ ___________________________________________
Date Attorney
DEFENDANT’S STATEMENT OF WAIVER OF RIGHTS AND PLEA OF GUILTY
I certify to the court that my attorney has read and explained the matters set forth above; that my rights have been discussed with me in detail and
fully explained; that I understand the charge or charges against me; that I understand my rights, the punishment or punishments provided by law as
they may apply to my case, and I understand the consequences of pleading guilty; that I am not under the influence of any drugs, medicines, or alcoholic
beverages; and I have not been threatened or abused or offered any inducement, reward, or hope of reward to plead guilty other than the terms of the
plea agreement which will be stated on the record. I further state to the court that I am guilty of the charge to which I am entering a plea of guilty, that I
desire to plead guilty, that I made up my own mind to plead guilty and that I knowingly and intelligently, and voluntarily waive my right to trial in this
case. I further state that I am satisfied with my attorney’s services and his/her handling of my case.
___________________ ___________________________________________
Date Defendant
___________________ ___________________________________________
Date Judge
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