Jamin Wight: Rule 11 Plea Agreement

LATAH COUNTY PROSECUTOR’S OFFICE
MIA M. VOWELS
DEPUTY PROSECUTING ATTORNEY
Latah County Courthouse
P.O. Box 8068
Moscow, Idaho 83843-0568
Phone: (208) 883-2246
ISB No. 6564

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 CHRISTOPHER WIGHT,
Defendant.

Case No. CR-2013-000665
CR-2013-001371
RULE 11 PLEA AGREEMENT

COME NOW THE STATE OF IDAHO, by and through its attorney, Mia M. Vowels, Deputy Prosecuting Attorney, Defendant JAMIN CHRISTOPHER WIGHT, and his attorney, Deborah L. McCormick, and pursuant to Rule 11(f)(1)(C), Idaho Criminal Rules, submit the following Plea Agreement to the Court:

  1. That the Defendant shall enter a guilty plea to the charge of DOMESTIC BATTERY, Idaho Code 18-918(3)(b), a Misdemeanor, as stated in the Amended Criminal Information in CR-2013-000655.
  1. That the State and the Defendant agree that the appropriate disposition of case CR-2013-000655 shall be as follows:
    1. That a Judgment of Conviction shall be entered and the defendant shall be ordered to serve thirty (30) days local jail. Said sentence shall run concurrently with CR-2013-001371. The State has no objection to this time being served on weekends (understanding that these will be three (3) day weekends).
  1. That the Defendant shall enter a guilty plea to the charge of PERJURY Idaho Code 18-5401, 18-5409, a Felony, as stated in the Criminal Information in CR-2013-001371.
  1. That the State and the Defendant agree that the appropriate disposition of case CR-2013-001371 shall be as follows:
    1. That a Judgment of Conviction shall be entered with the Court suspending the imposition of sentence and placing the defendant on probation for a period of not less than two (2) years but no more than four (4) years on the Court’s standard terms and conditions plus the following additional conditions:
      1. The Defendant shall obtain a domestic violence evaluation and any other evaluation deemed appropriate by his probation officer and follow the recommendations of the evaluation.
      2. The defendant shall serve thirty (30) days local jail as a condition of probation. Said jail time shall run concurrently with CR-2013-000655. The State has no objection to this time being served on weekends (understanding that these will be 3 day weekends).
      3. The defendant shall perform forty (40) hours of community service at such work sites as may be approved by the supervising probation officer. Additionally, the defendant shall pay a fee of $.60 per hour of community service work pursuant to Idaho Code 31-3201C, said sum to be paid to the Latah County Treasurer who shall transmit the same to the State Insurance Fund.
      4. The defendant shall not consume or possess alcoholic beverages in any form and will not enter into any liquor store or any establishment where the sale of alcohol for consumption on the premises is the primary source of income; the defendant shall submit to tests of his bodily fluids for traces of controlled substances or alcohol at the defendant’s own expense whenever requested by his supervising probation officer, or any agent of the Division of Probation and Parole of the Idaho Department of Correction, or any law enforcement officer.
      5. The State agrees to not object to a request for withdrawal of guilty plea and dismissal at the conclusion of Defendant’s probation as long as the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation.
    1. The State agrees to dismiss Latah County Case No. CR-2013-000956.
    1. That any other terms of sentencing and conditions of probation if not otherwise specifically addressed herein, are not the subject of this agreement and both parties are free to make what recommendations they believe to be appropriate. Additionally, this agreement is binding on the State only as to the initial sentencing in this case and in no way limits the State (or the Court) in regard to any subsequent proceedings including but not limited to reviews of retained jurisdiction, and prosecution and disposition of probation violations.
    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 waives his rights to a jury trial, to confront accusers, and to refrain from incriminating himself including, without limitation, the right to refuse to fully participate in any evaluations or assessments requested by the Court or the pre sentence investigator. 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.
    1. This agreement is entered into pursuant to I.C.R. 11(f)(1)(C); Defendant understands if the Court does not accept the disposition described in paragraphs 2 and 3 that the Defendant shall be afforded the opportunity to withdraw the 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 and/or evaluations or assessments. Should the Defendant in any way breach these agreements and covenants, the State is released from any obligations hereunder regarding an appropriate sentencing disposition 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 3rd day of July 2014.

    Mia M. Vowels
    Deputy Prosecuting Attorney

    Deborah L. McCormick
    Counsel for Defendant

    Jamin Christopher Wight
    Defendant