Jamin Wight: Amended Rule 11 Plea Agreement

LATAH COUNTY PROSECUTOR’S OFFICE
WILLIAM W. THOMPSON, JR.
PROSECUTING ATTORNEY
Latah County Courthouse
P.O. Box 8068
Moscow, Idaho 83843-0568
208) 882-8580 Ext. 3316
ISB No. 2613

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH

STATE OF IDAHO,
Plaintiff,
V.
JAMIN C. WIGHT,
Defendant.

Case No. CR-2005-002500
AMENDED RULE 11 PLEA AGREEMENT

COMES NOW THE STATE OF IDAHO, by and through its attorney, William W. Thompson, Jr., Prosecuting Attorney, and Defendant JAMIN C. WIGHT, and his attorney, James E. Siebe, and pursuant to Rule 11(d)(1)(C), Idaho Criminal Rules, submit the following Plea Agreement to the Court for its acceptance or rejection:

  1. That the Defendant shall enter a guilty plea in Latah County Case CR-2005-002500 to the charge of INJURY TO A CHILD, Idaho Code 18-1501(1), a felony, as stated in the Amended Criminal Information;
  1. That the State and the Defendant agree that the appropriate disposition of this matter as follows: A judgment of conviction shall be entered against the defendant with the court retaining jurisdiction.
  1. That any other terms of sentencing, including fine or other financial assessment, are not the subject of this agreement, and both parties are free to make what recommendations they believe to be appropriate.
  1. Defendant understands (a) the nature of the charge to which he agrees to plead guilty and acknowledges that he is not being coerced into entering his plea of guilty; (b) the consequences of pleading guilty, including the maximum penalties that may be imposed and any mandatory minimum penalties; and that (c) by pleading guilty he will waive his rights to a jury trial, to confront accusers, and to refrain from incriminating himself. Defendant further acknowledges that he is satisfied with his legal representation, has reviewed with his attorney all possible defenses, and by his plea of guilty voluntarily waives those defenses. Defendant also understands that he has a right to appeal the judgment and sentence of the Court herein and hereby freely and voluntarily waives such appeal rights and his right to appeal any subsequent decisions of the Court relative to motions for reduction of sentence pursuant to I.C.R. 35.
  1. This agreement is entered into pursuant to I.C.R. 11(d)(1)(C); Defendant understands if the Court does not accept the sentencing recommendations of the parties that he shall be afforded the opportunity to withdraw his plea of guilty except as provided below.
  1. This plea agreement is based upon the facts and circumstances as they exist at the date of the signing of this agreement. The defendant acknowledges, covenants and agrees that during the period of time between the date of this agreement and the date of sentencing, he will not violate any law nor fail to comply with any conditions of his release on bond or other conditions ordered by the Court, and shall cooperate fully with any presentence investigation ordered herein. Should the defendant in any way breach these agreements and covenants, the State is released from any obligations hereunder regarding an appropriate sentencing disposition, the Court may sentence the defendant up to the maximum authorized by law and the defendant shall not be afforded the opportunity to withdraw his plea of guilty. The defendant expressly agrees that the burden of proof for determining whether the defendant has breached any of said agreements or covenants shall be a preponderance of the evidence only.
  1. This is the entire agreement and understanding between the parties.

IT IS SO STIPULATED this 12 day of May, 2006.

William W. Thompson, Jr.
Prosecuting Attorney

James E. Siebe
Counsel for Defendant

Jamin C. Wight
JAMIN C. WIGHT
Defendant