Defendant:__________Case Number:__________

To demonstrate that the trial court and the parties met each of these requirements, provide in the right-hand column the location in the record, the reporter’s transcript, the plea agreement, the presentence report (PSR), or elsewhere that shows compliance.

Part A. Guilty or No Contest Plea – Ariz. R. Crim. Proc. – Rule 17.

1. The Plea Agreement. The plea agreement contains the correct classification of offenses and the correct sentencing range of each offense.

2. Advising and Questioning the Defendant during the plea colloquy. Rules 17.1; 17.2

(a) Defendant was personally present. Rules 17.1(a)(2)

(b) The court explained the nature of the charge for the plea. Rule 17.2(a)(1)

(c) The court explained the range of possible sentences: minimum, maximum, fines, special conditions. Rule 17.2(a)(2)

(d) The court explained the constitutional rights waived by entering a plea. Rules 17.2(a)(3); 17.3(a)(1)

(e) The court informed the Defendant of the right to plead not guilty. Rule 17.2(a)(4)

(f) The court explained that the entry of a guilty or no contest plea would result in the waiver of the Defendant’s right to appeal and that post-conviction relief would be the only available form of review. Rules 17.1(e); 17.2(a)(5)

(g) The court advised the Defendant of the immigration consequences of a guilty or no contest plea. Rule 17.2(b)

3. Voluntariness of Plea. The court determined the plea was voluntary, not the result of threats, not the result of force, and not the result of promises. Rules 17.1(b); 17.3(a); 17.4(c)

4. Factual Basis. The court found a factual basis for the plea. Rule17.3(b)

5. Acceptance of Plea. The court accepted the plea either at the time of the change of plea, or at sentencing, if acceptance was deferred. Rules 17.4(d); 17.3(b)

6. Written and Signed. The plea agreement was in writing and signed by the Defendant. Rule 17.4(b)

Part B. Sentencing – Ariz. R. Crim. Proc. – Rule 26.

1. Disclosure of Reports. The PSR and any other reports were disclosed to the Defendant before sentencing. Rule 26.6(a)

2. Opportunity for Objections. The Defendant had the opportunity to raise objections to the PSR. Rule 26.8(b)

3. Rulings and Remedies on Objections. The court ruled on the Defendant’s objections and provided remedies where appropriate (e.g. new PSR, excision, sealing). Rule 26.8(c)

4. Prosecutorial Compliance. The prosecutor complied with any promises or guarantees made in the plea agreement. Santobello v. New York, 404 U.S. 257 (1971).

5. Pronouncement of Judgment. Rule 26.10(a)

6. Pronouncement of Sentence. Rule 26.10(b)

(a) The court gave the Defendant an opportunity to address the court. Rule 26.10(b)(1)

(b) The court considered Defendant’s time in custody. Rule 26.10(b)(2)

(c) The court explained the terms of sentence/probation. Rule 26.10(b)(3)

(d) The court specified the commencement date. Rule 26.10(b)(4)

7. Reasons for Sentence. The court set forth its reasons for the sentence. A.R.S. § 13-701 (C )

(a) The court considered any mitigation evidence that was offered.

(b) Any aggravating factors are supported by the record.

(c) If a sentence above the presumptive term was imposed, the court relied on at least one proven statutory aggravating factor.

8. Enforcement of Plea. The court sentenced the Defendant pursuant to the plea agreement. 17.4(d), (e), (g)