LEE R. KERR

Rosebud County Attorney

Rosebud County Courthouse

P.O. Box 69

Forsyth, Montana 59327

(406) 356-2236

Attorneys for Plaintiff

MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, ROSEBUD COUNTY

STATE OF MONTANA, )

)

Plaintiff, ) Cause No. DC 95-35

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-vs- ) PLEA BARGAIN AGREEMENT

)

, )

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Defendant. )

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I, *, the Defendant in the above-entitled matter, have had an opportunity to examine the charges brought against me, including the investigative file, and after consultation with my attorney and being fully advised, acknowledge my rights, and agree to plead guilty as hereinafter set forth.

I acknowledge that my attorney has explained to me and advised me of the following and I fully understand that:

1. I have the right to challenge the sufficiency of the Information and the Affidavit supporting it.

2. I have the right to object to any evidence that may have been obtained in violation of the law or constitution.

3. I have the right to plead not guilty, or to persist in that plea, if it has already been made, and thereby place theburden of the proof in proving my guilty upon the prosecution beyond a reasonable doubt.

4. I have the right to a speedy and public trial by jury and at trial I have the following rights:

a. The right to effective assistance of counsel;

b.The right to confront and cross-examine witnesses against me;

c. The right to testify;

d.The right to call and have witnesses testify on my behalf;

e.The right not to be compelled to incriminate myself; and

f.The right to have the charges proven beyond a reasonable doubt and to appeal a finding of guilty.

This agreement entered into on this ______ day of August, 1995, between LEE R. KERR, County Attorney of Rosebud County, *, Defendant in the above-entitled cause, and*, Counsel for the Defendant.

The above-named Defendant agrees to plead guilty to the offenses of COUNT I: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a felony; COUNT II: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a misdemeanor; COUNT III: CRIMINAL POSSESSION WITH INTENT TO SELL, a felony; and COUNT IV: CRIMINAL POSSESSION OF DRUG PARAPHERNALIA, a misdemeanor; committed on or about*, 1995, *, Montana.

In return for the pleas of guilty, to the charges as stated above, the State agrees to dismiss COUNT V: CRIMINAL FORFEITURE,a felony. The State of Montana agrees to recommend at sentencing the following sentence:

1.A deferred sentence of five (5) years.

2. The defendant would undergo drug evaluation and comply with any treatment program as recommended in the evaluation.

3. The defendant would pay a fine in an amount to be determined by the court, payable to the Rosebud County Drug Fund.

4. The Defendant will be placed under the supervision of the Department of Adult Probation and Parole, and be subject to all standard rules and regulation of the office, including:

A. Residence: Defendant will not change his place of residence without first obtaining permission from his probation/parole officer.

B. Travel: Defendant will not leave his assigned district without first obtaining written permission from his probation/parole officer.

C. Employment: Defendant shall maintain employment or a program approved by his probation/parole officer, and he must obtain permission from his probation/parole officer prior to any change of employment.

D. Reporting: Defendant is required to personally report to his probation/parole officer as directed by his probation/parole officer. Defendant is to submit written monthly reports on forms provided by his probation/parole officer.

E. Weapons: Defendant shall not own, possess, or be in control of, any firearms or deadly weapons, including black powder, as defined by state or federal law.

F. Financial: Defendant must obtain permission from his probation/parole officer before financing a vehicle, purchasing property, or engaging in business.

G. Search: Upon reasonable cause, Defendant shall, while on probation or parole, submit to a search of his person, vehicle, or residence by a probation/parole officer orother peace officer at the request of his probation/parole officer, at any time, without a warrant.

H. Laws and Conduct: Defendant shall comply with all city, county, state, federal, and tribal laws ordinances, and shall conduct himself as a good citizen. Defendant shall report any arrests or contacts with law enforcement to his probation/parole officer within seventy-two (72) hours.

3. Defendant shall not possess, or have in his

possession, any form of alcoholic beverages, and he shall abstain from the consumption of alcohol during the five (5) year period.

4. That the Defendant shall not enter into any establishment that serves alcoholic beverages.

5. Defendant shall not possess, or have in his possession, any form of illegal contraband or drugs;

6. That the Defendant shall pay TWENTY AND 00/100 DOLLARS ($20.00) imposed as a surcharge as specified in Section 4618-236 M.C.A. (1993) to the Clerk of the District Court in Rosebud County, Montana, for each felony offense or 10% of fine levied which ever is greater.

By executing this agreement, the Defendant also admits that he has thoroughly discussed his case, including the law, facts, and possible lesser included offenses, with his counsel, and that he is entering a guilty plea to the proper charge under the law and facts pertaining to this case; that he is satisfied with the representation that he has received from her counsel; that there have been no threats nor promises, other than this agreement, made to compel the Defendant to plead guilty as aforesaid.

This plea bargain agreement is an agreement between the Defendant and the prosecutor made pursuant to Section 46-12-211 (1)(c) M.C.A. which provides as follows:

"(1) The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussion with a view toward reaching an agreement that, upon entering of a plea of guilty to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:

(a) move for dismissal of other charges;

(b) agree that a specific sentence is the appropriate disposition of the case; or

(c) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that the recommendation or request may not be binding upon the court.

(2) If a plea bargain has been reached by the parties, the court shall, on the record, require a disclosure of the agreement in open court or, on showing of good cause in camera, at the time the plea is offered. If the agreement is of the type specified in subsection (1) (a) or (1) (b), the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the agreement is of the type specified in subsection (1) (c), the court shall advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw the plea.

(3) If the Court accepts a plea agreement, the court shall inform the defendant that it will embody in the judgement and sentence the disposition provided for in the plea agreement.

(4) If the Court rejects the plea agreement, the Court shall, on the record, inform the parties of this fact and advise the defendant that the Court is not bound by the plea agreement, afford the defendant an opportunity to withdraw the plea, and advise the defendant that if the defendant persists in the guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement."

Prior to the execution of this Agreement, the Defendant and

his counsel have carefully reviewed Title 46, Chapter 18, of the

Montana Code Annotated regarding sentencing and judgement, and have considered what the most severe sentence imposed could be. In addition, the Defendant is aware that the presiding Judge may

impose any sentence allowed by law, and is not bound to follow this Agreement or the recommendation of the County Attorney. The

Defendant is also aware that if the presiding Judge rejects the

sentence recommended by the prosecutor and/or requested by the

defense counsel, and imposes a different sentence, the Defendant is not entitled to withdraw his guilty plea.

ACCEPTANCE

The undersigned, the Defendant herein, after full discussion of the charges and penalties with my defense counsel, and after being fully advised of my rights to a jury trial, do hereby accept the above offer and agree to enter pleas of guilty to the charges specified. I hereby knowingly waive all objection to any substantive defect in said charges and my right to a jury trial on the charges. I further understand that the offer made by the State is dependent upon the accuracy of my criminal history as I have represented it. I understand that the Court is not bound by this Agreement and may impose the maximum penalty for the offenses charged.

The following are the facts of this incident which cause me to plead guilty.

I believe I am guilty of the above-referenced offenses charged because I did the following: (Must establish material elements of the offense and be set forth in Defendant's words.)

_________________________________________________________________

I am satisfied that my lawyer has been fair to me and has represented me properly and I acknowledge receiving a copy of this agreement.

DATED this day of August, 1995.

______________________________ _____________________________

Defendant Counsel for Defendant

______________________________

County Attorney

The undersigned, as counsel for the Defendant herein, advises the Court that:

1.He has explained the charges and penalties to his client.

2.He has told his client that sentencing will be done by the Court and that the Court may impose the maximum penalty.

3.His client understands the position the County Attorney will take concerning disposition, and understands that no particular sentence has been promised.

4.His client is sufficiently advised to knowingly proceed with the entry of pleas of guilty.

DATED this day of August, 1995.

______________________________

Counsel for Defendant