Rule 4.2. Pleas

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Text

CrR 4.2

PLEAS

(a) Types. A defendant may plead not guilty, not guilty by reason of insanity, or guilty.

(b) Multiple Offenses. Where the indictment or information charges two or more offenses

in separate counts, the defendant shall plead separately to each.

claim of present incompetency to stand trial, must be filed at the time of arraignment or within 10

days thereafter, or at such later time as the court may for good cause permit. All procedures

concerning the defense of insanity or the competence of the defendant to stand trial are governed

by RCW 10.77.

(d) Voluntariness. The court shall not accept a plea of guilty, without first determining that

it is made voluntarily, competently and with an understanding of the nature of the charge and the

consequences of the plea. The court shall not enter a judgment upon a plea of guilty unless it is

satisfied that there is a factual basis for the plea.

(e) Agreements. If the defendant intends to plead guilty pursuant to an agreement with the

prosecuting attorney, both the defendant and the prosecuting attorney shall, before the plea is

entered, file with the court their understanding of the defendant's criminal history, as defined in

RCW 9.94A.030. The nature of the agreement and the reasons for the agreement shall be made a

part of the record at the time the plea is entered. The validity of the agreement under

RCW 9.94A.431 may be determined at the same hearing at which the plea is accepted.

orney shall, before the plea is

entered, file with the court their understanding of the defendant's criminal history, as defined in

RCW 9.94A.030. The nature of the agreement and the reasons for the agreement shall be made a

part of the record at the time the plea is entered. The validity of the agreement under

RCW 9.94A.431 may be determined at the same hearing at which the plea is accepted.

(f) Withdrawal of Plea. The court shall allow a defendant to withdraw the defendant's plea

of guilty whenever it appears that the withdrawal is necessary to correct a manifest injustice. If the

defendant pleads guilty pursuant to a plea agreement and the court determines under RCW

9.94A.431 that the agreement is not consistent with (1) the interests of justice or (2) the

prosecuting standards set forth in RCW 9.94A.401-.411, the court shall inform the defendant that

the guilty plea may be withdrawn and a plea of not guilty entered. If the motion for withdrawal is

made after judgment, it shall be governed by CrR 7.8.

(g) Written Statement. A written statement of the defendant in substantially the form set

forth below shall be filed on a plea of guilty:

Superior Court of Washington for

State of Washington

Plaintiff

Defendant

No.

Statement of Defendant on Plea of Guilty

to Non-Sex Offense (Felony)

(STTDFG)

My true name is:___________________________________________________________.

My age is:

The last level of education I completed was: _____________________________________.

I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

(a)

I have the right to representation by a lawyer and if I cannot afford to pay for a

lawyer, one will be provided at no expense to me.

(b)

I am charged with: .

The elements are: .

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the

crime was allegedly committed;

(a)

I have the right to representation by a lawyer and if I cannot afford to pay for a

lawyer, one will be provided at no expense to me.

(b)

I am charged with: .

The elements are: .

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the

crime was allegedly committed;

(b)

The right to remain silent before and during trial, and the right to refuse to testify

against myself;

(c)

The right at trial to hear and question the witnesses who testify against me;

(d)

The right at trial to testify and to have witnesses testify for me. These witnesses can

be made to appear at no expense to me;

(e)

The right to be presumed innocent unless the State proves the charge beyond a

reasonable doubt or I enter a plea of guilty;

(f)

The right to appeal a finding of guilt after a trial.

IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a)

My right to appeal is limited.

(b)

Each crime with which I am charged carries a maximum sentence, a fine, and a

Standard Sentence Range as follows:

COUNT

NO.

OFFENDER

SCORE

STANDARD

RANGE ACTUAL

CONFINEMENT

(not including

enhancements)

PLUS

Enhancements* COMMUNITY

CUSTODY

MAXIMUM

TERM AND

FINE

*The sentencing enhancement codes are: (RPh) Robbery of a pharmacy, (CSG) Criminal street

gang involving a minor, (AE) Endangerment while attempting to elude. The following

enhancements will run consecutively to all other parts of my entire sentence, including other

enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (V) VUCSA in

protected zone, (JP) Juvenile present, (VH) Vehicular homicide, see RCW 9.94A.533(7), (P16)

Passenger(s) under age 16.

Criminal street

gang involving a minor, (AE) Endangerment while attempting to elude. The following

enhancements will run consecutively to all other parts of my entire sentence, including other

enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (V) VUCSA in

protected zone, (JP) Juvenile present, (VH) Vehicular homicide, see RCW 9.94A.533(7), (P16)

Passenger(s) under age 16.

(c)

The standard sentence range is based on the crime charged and my criminal history.

Criminal history includes prior convictions and juvenile adjudications or

convictions, whether in this state, in federal court, or elsewhere.

(d)

The prosecuting attorney's statement of my criminal history is attached to this

agreement. Unless I have attached a different statement, I agree that the prosecuting

attorney's statement is correct and complete. If I have attached my own statement, I

assert that it is correct and complete. If I am convicted of any additional crimes

between now and the time I am sentenced, I am obligated to tell the sentencing

judge about those convictions.

(e)

If I committed the above crime(s) while under age 18 and am sentenced to more

than 20 years of confinement:

(i) As long as my conviction is not for aggravated first degree murder or certain

sex crimes, and I have not been convicted of any crime committed after I

turned 18 or committed a disqualifying serious infraction as defined by the

Department of Corrections (DOC) in the 12 months before the petition is

filed, I may petition the Indeterminate Sentence Review Board (Board) for

early release after I have served 20 years.

(ii) If I am released early because my petition was granted or by other action of the

Board, I will be subject to community custody under the supervision of the

DOC for a period of time determined by the Board, up to the length of the

court-imposed term of incarceration. I will be required to comply with any

conditions imposed by the Board.

d) for

early release after I have served 20 years.

(ii) If I am released early because my petition was granted or by other action of the

Board, I will be subject to community custody under the supervision of the

DOC for a period of time determined by the Board, up to the length of the

court-imposed term of incarceration. I will be required to comply with any

conditions imposed by the Board.

(iii) If I violate the conditions of community custody, the Board may return me to

confinement for up to the remainder of the court-imposed term of incarceration.

(f)

If I committed aggravated murder in the first degree and I was under the age of 18

at the time of the offense:

(i) If I was under the age of 16 at the time of the offense, the judge will impose a

maximum term of life and impose a minimum term of total confinement of 25

years for that crime.

(ii) If I was at least 16 but less than 18 years old at the time of the offense, the judge

will impose a maximum term of life and will impose a minimum term of total

confinement that is at least 25 years.

(iii) During the minimum term, I will not be eligible for earned early release time,

home detention, partial confinement, work release, or any form of early release.

(iv) After the minimum term, if I am released by the Board, I will be subject to

community custody under the supervision of the DOC for a period of time

determined by the Board, and must comply with conditions imposed.

(v) If I violate the conditions of community custody, the Board may return me to

confinement.

home detention, partial confinement, work release, or any form of early release.

(iv) After the minimum term, if I am released by the Board, I will be subject to

community custody under the supervision of the DOC for a period of time

determined by the Board, and must comply with conditions imposed.

(v) If I violate the conditions of community custody, the Board may return me to

confinement.

(g)

If I am convicted of any new crimes before sentencing, or if any additional criminal

history is discovered, both the standard sentence range and the prosecuting

attorney's recommendation may increase. Even so, my plea of guilty to this charge

is binding on me. I cannot change my mind if additional criminal history is

discovered, even if the standard sentencing range and the prosecuting attorney's

recommendation increase, or a mandatory sentence of life imprisonment without

the possibility of parole is required by law.

(h)

In addition to sentencing me to confinement, the judge will order me to pay any

mandatory fines or penalties that apply to my case. If this crime resulted in injury to

any person or damage to or loss of property, the judge will order me to make

restitution, unless extraordinary circumstances exist which make restitution

inappropriate or waivable. The amount of restitution may be up to double my gain

or double the victim’s loss. The judge may also order that I pay a fine, court costs,

attorney fees, and the costs of incarceration.

rime resulted in injury to

any person or damage to or loss of property, the judge will order me to make

restitution, unless extraordinary circumstances exist which make restitution

inappropriate or waivable. The amount of restitution may be up to double my gain

or double the victim’s loss. The judge may also order that I pay a fine, court costs,

attorney fees, and the costs of incarceration.

(i)

For crimes committed prior to July 1, 2000: In addition to sentencing me to

confinement, the judge may order me to serve up to 1 year of community custody if

the total period of confinement ordered is not more than 12 months. If the total

period of confinement is more than 12 months, and if this crime is a drug offense,

assault in the second degree, assault of a child in the second degree, or any crime

against a person in which a specific finding was made that I or an accomplice was

armed with a deadly weapon, the judge will order me to serve at least 1 year of

community custody. If this crime is a vehicular homicide, vehicular assault, or a

serious violent offense, the judge will order me to serve at least 2 years of

community custody. The actual period of community custody may be longer than

my earned early release period. During the period of community custody, I will be

under the supervision of the DOC, and I will have restrictions and requirements

placed upon me.

For crimes committed on or after July 1, 2000: In addition to sentencing me to

confinement, under certain circumstances the judge may order me to serve up to 1

year of community custody if the total period of confinement ordered is not more

than 12 months, but only if the crime I have been convicted of falls into one of the

offense types listed in the following chart. For the offense of failure to register as a

sex offender, regardless of the length of confinement, the judge will sentence me

for up to 12 months of community custody

to serve up to 1

year of community custody if the total period of confinement ordered is not more

than 12 months, but only if the crime I have been convicted of falls into one of the

offense types listed in the following chart. For the offense of failure to register as a

sex offender, regardless of the length of confinement, the judge will sentence me

for up to 12 months of community custody. If the total period of confinement

ordered is more than 12 months, and if the crime I have been convicted of falls into

one of the offense types listed in the following chart, the court will sentence me to

community custody for the term established for that offense type, unless the judge

finds substantial and compelling reasons not to do so. If the period of earned release

awarded per RCW 9.94A.729 is longer, that will be the term of my community

custody. If the crime I have been convicted of falls into more than one category of

offense types listed in the following chart, then the community custody term will be

based on the offense type that dictates the longest term of community custody.

OFFENSE TYPE

COMMUNITY CUSTODY

TERM

Serious Violent Offenses

36 months

Violent Offenses

18 months

Crimes Against Persons as defined by

RCW 9.94A.411(2)

12 months

Offenses under chapter 69.50 or 69.52

RCW (not sentenced under RCW

9.94A.660)

12 months

Offenses involving the unlawful

possession of a firearm where the

offender is a criminal street gang

member or associate

12 months

Certain sentencing alternatives may also include community custody.

During the period of community custody, I will be under the supervision of the

DOC. For crimes occurring on or after June 28, 2016, the supervision of the DOC

cannot exceed the times specified in this paragraph. I may have restrictions and

requirements placed upon me, including additional conditions of community

custody that may be imposed by the DOC

ives may also include community custody.

During the period of community custody, I will be under the supervision of the

DOC. For crimes occurring on or after June 28, 2016, the supervision of the DOC

cannot exceed the times specified in this paragraph. I may have restrictions and

requirements placed upon me, including additional conditions of community

custody that may be imposed by the DOC. My failure to comply with these

conditions will render me ineligible for general assistance, RCW 74.04.005(6)(h),

and may result in the DOC transferring me to a more restrictive confinement status

or other sanctions.

If I violate the conditions of my community custody, the DOC may sanction me up

to 60 days’ confinement per violation and/or revoke my earned early release, or the

DOC may impose additional conditions or other stipulated penalties. The court also

has the authority to impose sanctions for any violation.

(j)

The prosecuting attorney will make the following recommendation to the judge:

________________________ .

[ ] The prosecutor will recommend as stated in the plea agreement, which is

incorporated by reference.

(k)

The judge does not have to follow anyone’s recommendation as to sentence. If I

was over the age of 18 when I committed this crime, the judge must impose a

sentence within the standard range unless the judge finds substantial and

compelling reasons not to do so. If I was under the age of 18 when I committed

this crime, the judge has the discretion to impose an exceptional sentence

downward. I understand the following regarding exceptional sentences:

as to sentence. If I

was over the age of 18 when I committed this crime, the judge must impose a

sentence within the standard range unless the judge finds substantial and

compelling reasons not to do so. If I was under the age of 18 when I committed

this crime, the judge has the discretion to impose an exceptional sentence

downward. I understand the following regarding exceptional sentences:

(i)

The judge may impose an exceptional sentence below the standard range

if the judge finds mitigating circumstances supporting an exceptional

sentence.

(ii)

The judge may impose an exceptional sentence above the standard range if

I am being sentenced for more than 1 crime and I have an offender score

of more than 9.

(iii)

The judge may also impose an exceptional sentence above the standard

range if the State and I stipulate that justice is best served by imposition of

an exceptional sentence and the judge agrees that an exceptional sentence

is consistent with and in furtherance of the interests of justice and the

purposes of the Sentencing Reform Act.

(iv)

The judge may also impose an exceptional sentence above the standard

range if the State has given notice that it will seek an exceptional sentence,

the notice states aggravating circumstances upon which the requested

sentence will be based, and facts supporting an exceptional sentence are

proven beyond a reasonable doubt to a unanimous jury, to a judge if I

waive a jury, or by stipulated facts.

judge may also impose an exceptional sentence above the standard

range if the State has given notice that it will seek an exceptional sentence,

the notice states aggravating circumstances upon which the requested

sentence will be based, and facts supporting an exceptional sentence are

proven beyond a reasonable doubt to a unanimous jury, to a judge if I

waive a jury, or by stipulated facts.

(v)

If I committed this crime under the age of 18, the judge must consider

mitigating circumstances related to my youth, including, but not limited

to, immaturity, impetuosity, and failure to appreciate risks and

consequences, the nature of my surrounding environment and family

circumstances, the extent of my participation in the crime, the way

familial and peer pressures may have affected me, how youth impacted

any legal defense, and any factors suggesting that I might be successfully

rehabilitated. If I am convicted of a sentencing enhancement, the court has

full discretion to depart from mandatory sentencing enhancements and to

take the particular circumstances surrounding my youth into account.

If the court imposes a standard range sentence, then no one may appeal the

sentence. If the court imposes an exceptional sentence after a hearing, either the

State or I can appeal the sentence.

(l)

If I am not a citizen of the United States, a plea of guilty to an offense punishable as

a crime under state law is grounds for deportation, exclusion from admission to the

United States, or denial of naturalization pursuant to the laws of the United States.

(m)

I may not possess, own, or have under my control any firearm, and under federal

law any firearm or ammunition, unless my right to do so is restored by the court in

which I am convicted or the superior court in Washington State where I live, and by

a federal court if required. I must immediately surrender any concealed pistol

license(s).

ization pursuant to the laws of the United States.

(m)

I may not possess, own, or have under my control any firearm, and under federal

law any firearm or ammunition, unless my right to do so is restored by the court in

which I am convicted or the superior court in Washington State where I live, and by

a federal court if required. I must immediately surrender any concealed pistol

license(s).

(n)

I will be ineligible to register to vote until that right is restored in a manner

provided by law. My right to vote is automatically restored as long as I am not

serving a sentence of total confinement (as defined in RCW 29A.08.520) under the

jurisdiction of the DOC and not incarcerated for a felony conviction in federal court

or any state court other than Washington. If I am sentenced to total confinement

under the jurisdiction of the DOC or otherwise incarcerated as described in this

subsection, my voter registration will be canceled.

(o)

Government assistance may be suspended during any period of confinement.

(p)

I will be required to have a biological sample collected for purposes of DNA

identification analysis.

NOTIFICATION RELATING TO SPECIFIC CRIMES: IF ANY OF THE FOLLOWING PARAGRAPHS DO NOT

APPLY, COUNSEL AND THE DEFENDANT SHALL STRIKE THEM OUT. THE DEFENDANT AND THE JUDGE

SHALL INITIAL ALL PARAGRAPHS THAT DO APPLY.

_____ (q)

This offense is a most serious offense or “strike” as defined by RCW 9.94A.030,

and if I have at least 2 prior convictions for most serious offenses, whether in this

state, in federal court, or elsewhere, the crime for which I am charged carries a

mandatory sentence of life imprisonment without the possibility of parole.

_____ (r)

The judge may sentence me as a first-time offender instead of giving a sentence

within the standard range if I qualify under RCW 9.94A.030. This sentence could

include as much as 90 days' confinement and up to 1 year of community custody,

plus all of the conditions described in paragraph 6(h)

arged carries a

mandatory sentence of life imprisonment without the possibility of parole.

_____ (r)

The judge may sentence me as a first-time offender instead of giving a sentence

within the standard range if I qualify under RCW 9.94A.030. This sentence could

include as much as 90 days' confinement and up to 1 year of community custody,

plus all of the conditions described in paragraph 6(h). Additionally, the judge could

require me to undergo treatment, to devote time to a specific occupation, and to

pursue a prescribed course of study or occupational training.

_____ (s)

The judge may sentence me under the Parenting Sentencing Alternative, if I qualify

under RCW 9.94A.655. If I am eligible, the judge may order the DOC to complete

a risk assessment report, including a family impact statement, or a chemical

dependency screening report, or both. If the judge decides to impose the Parenting

Sentencing Alternative, the sentence will consist of 12 months of community

custody and I will be required to comply with the conditions imposed by the court

and by the DOC. At any time during community custody, the court may schedule a

hearing to evaluate my progress in treatment or to determine if I have violated the

conditions of the sentence. I have the right to assistance of counsel at this hearing,

and the court will appoint counsel if I am indigent. The court may modify the

conditions of community custody or impose sanctions, including extending the

length of participation in the alternative program by no more than 6 months. If the

luate my progress in treatment or to determine if I have violated the

conditions of the sentence. I have the right to assistance of counsel at this hearing,

and the court will appoint counsel if I am indigent. The court may modify the

conditions of community custody or impose sanctions, including extending the

length of participation in the alternative program by no more than 6 months. If the

court finds that I violated the conditions or requirements of the sentence or I failed

to make satisfactory progress in treatment, the court may order me to serve a term

of total confinement within the standard range for my offense.

_____ (t)

If this crime involves kidnapping involving a minor, including unlawful

imprisonment involving a minor who is not my child, or if this crime is promoting

prostitution in the first or second degree and I have at least one prior conviction for

promoting prostitution in the first or second degree, or if this crime is (human)

trafficking in the first degree under RCW 9A.40.100(1)(a)(i)(A)(III) or (IV) or

(1)(a)(i)(B) (relating to sexually explicit acts or commercial sex acts), I will be

required to register where I reside, study, or work. The specific registration

requirements are set forth in the “Offender Registration” Attachment.

_____ (u)

If this is a crime of domestic violence, I may be ordered to pay a domestic violence

assessment of up to $115.00. If I, or the victim of the offense, have a minor child,

the court may order me to participate in a domestic violence perpetrator program

approved under RCW 43.20A.735. If I am convicted of a violation of a domestic

violence protection order, the court shall impose a mandatory fine of $15.00.

_____ (v)

The judge may sentence me under the drug offender sentencing alternative (DOSA)

if I qualify under RCW 9.94A.660. If I qualify and the judge is considering a

residential substance use disorder treatment-based alternative, the judge may order

that I be examined by the DOC before deciding to impose a DOSA sentence

ce protection order, the court shall impose a mandatory fine of $15.00.

_____ (v)

The judge may sentence me under the drug offender sentencing alternative (DOSA)

if I qualify under RCW 9.94A.660. If I qualify and the judge is considering a

residential substance use disorder treatment-based alternative, the judge may order

that I be examined by the DOC before deciding to impose a DOSA sentence. If the

judge decides to impose a DOSA sentence, it could be either a prison-based

alternative or a residential substance use disorder treatment-based alternative.

If the judge imposes the prison-based alternative, the sentence will consist of a

period of total confinement in a state facility for one-half of the midpoint of the

standard range, or 12 months, whichever is greater. During confinement, I will be

required to undergo a comprehensive substance use disorder assessment and to

participate in treatment. If this crime involves domestic violence, I also will be

required to undergo a comprehensive domestic violence assessment and to

participate in a domestic violence treatment program provided by a state-certified

treatment provider during the term of community custody. The judge will also

impose a term of community custody of one-half of the midpoint of the standard

range.

If the judge imposes the residential substance use disorder treatment-based

alternative, the sentence will consist of a 2-year term of community custody and I

will have to enter and remain in a certified residential substance use disorder

treatment program for up to 6 months, as set by the court. If this crime involves

domestic violence, I will be required to undergo a comprehensive domestic

violence assessment and to participate in a domestic violence treatment program

provided by a state-certified treatment provider

erm of community custody and I

will have to enter and remain in a certified residential substance use disorder

treatment program for up to 6 months, as set by the court. If this crime involves

domestic violence, I will be required to undergo a comprehensive domestic

violence assessment and to participate in a domestic violence treatment program

provided by a state-certified treatment provider. The sentence may also include an

indeterminate term of confinement of no more than 30 days in a facility operated

under contract by the county in order to facilitate direct transfer to a residential

substance use disorder treatment facility.

As part of this sentencing alternative, the court is required to schedule a progress

hearing during the period of residential substance use disorder treatment and a

treatment termination hearing scheduled 3 months before the expiration of the term

of community custody. At either hearing, based upon reports by my treatment

provider and the DOC on my compliance with treatment and monitoring

requirements and recommendations regarding termination from treatment, the judge

may modify the conditions of my community custody or order me to serve a term

of total confinement equal to one-half of the midpoint of the standard sentence

range, followed by a term of community custody under RCW 9.94A.701.

During the term of community custody for either sentencing alternative, the judge

could prohibit me from using alcohol or controlled substances, require me to

submit to urinalysis or other testing to monitor that status, require me to devote

time to a specific employment or training, stay out of certain areas, pay $30.00

per month to offset the cost of monitoring, or in cases of domestic violence, for

monitoring with global positioning system technology for compliance with a no-

contact order, and require other conditions, such as affirmative conditions, and the

conditions described in paragraph 6(h)

t status, require me to devote

time to a specific employment or training, stay out of certain areas, pay $30.00

per month to offset the cost of monitoring, or in cases of domestic violence, for

monitoring with global positioning system technology for compliance with a no-

contact order, and require other conditions, such as affirmative conditions, and the

conditions described in paragraph 6(h). The judge, on the judge’s own initiative,

may order me to appear in court at any time during the period of community

custody to evaluate my progress in treatment or to determine if I have violated the

conditions of the sentence. If the court finds that I have violated the conditions of

the sentence or that I have failed to make satisfactory progress in treatment, the

court may modify the terms of my community custody or order me to serve a term

of total confinement within the standard range.

_____ (w)

The judge may sentence me under the mental health sentencing alternative (MHSA)

if I qualify under RCW 9.94A.695. The sentence will be between 12 and 36 months

of community custody and include conditions imposed by the court and by the

DOC. At any time during community custody, the court may schedule a hearing to

evaluate my progress in treatment or to determine if I have violated the conditions

of the sentence. At the review or termination hearing, the court may impose

different or additional conditions on me, require me to serve a term of total or

partial confinement, or revoke the sentencing alternative and impose a term of total

or partial confinement. The judge or the correctional facility may delay my release

from confinement to facilitate my treatment plan.

_____ (x)

If I am subject to community custody and the judge finds that I have a chemical

dependency disorder that has contributed to the offense, the judge may order me to

participate in rehabilitative programs or otherwise to perform affirmative conduct

reasonably related to the circumstances of the crime for which I am pleading guilty

ease

from confinement to facilitate my treatment plan.

_____ (x)

If I am subject to community custody and the judge finds that I have a chemical

dependency disorder that has contributed to the offense, the judge may order me to

participate in rehabilitative programs or otherwise to perform affirmative conduct

reasonably related to the circumstances of the crime for which I am pleading guilty.

Rehabilitative programs may include an order to obtain an evaluation for alcohol or

controlled substance chemical dependency treatment. The court may also prohibit

me from possessing or consuming alcohol or controlled substances without a valid

prescription.

_____ (y)

If this crime involves the manufacture, delivery, or possession with the intent to

deliver methamphetamine, including its salts, isomers, and salts of isomers, or

amphetamine, including its salts, isomers, and salts of isomers, and if a fine is

imposed, $3,000 of the fine may not be suspended. RCW 69.50.401(2)(b).

_____ (z)

If this crime involves a violation of the state drug laws, my eligibility for state and

federal education benefits may be affected. 20 U.S.C. § 1091(r).

_____ (aa)

I understand that RCW 46.20.285(4) requires that my driver’s license be revoked

if the judge finds that I used a motor vehicle in a manner that endangered persons

or property during the commission of this felony.

_____ (bb)

I understand that RCW 46.20.265 requires that my driver’s license be revoked if

state and

federal education benefits may be affected. 20 U.S.C. § 1091(r).

_____ (aa)

I understand that RCW 46.20.285(4) requires that my driver’s license be revoked

if the judge finds that I used a motor vehicle in a manner that endangered persons

or property during the commission of this felony.

_____ (bb)

I understand that RCW 46.20.265 requires that my driver’s license be revoked if

(a) the current offense is a violation under chapter 69.41 [legend drug], 69.50

[violation of the Uniform Controlled Substances Act], or 69.52 [imitation drugs]

RCW, and I was under the age of 21 at the time of the offense, or (b) the current

offense is a violation under RCW 9.41.040 (unlawful possession of firearm) and I

was under the age of 18 at the time of the offense, or (c) the current offense is a

violation under chapter 66.44 RCW [alcohol] and I was under the age of 18 at the

time of the offense, and if (a), (b), or (c) applies, the court finds that I previously

committed an offense while armed with a firearm, an unlawful possession of a

firearm offense, or an offense in violation of chapter 66.44, 69.41, 69.50, or 69.52

RCW.

_____ (cc)

If this crime involves the offense of vehicular homicide while under the influence

of intoxicating liquor, or any drug, as defined by RCW 46.61.520, an impaired

driving enhancement of an additional 2 years shall be added to the standard

sentence range for vehicular homicide for each prior offense as defined in RCW

46.61.5055(14). All impaired driving enhancements are mandatory, shall be served

in total confinement, and shall run consecutively to all other sentencing provisions,

including other impaired driving enhancements, for all offenses sentenced under

chapter 9.94A RCW

n additional 2 years shall be added to the standard

sentence range for vehicular homicide for each prior offense as defined in RCW

46.61.5055(14). All impaired driving enhancements are mandatory, shall be served

in total confinement, and shall run consecutively to all other sentencing provisions,

including other impaired driving enhancements, for all offenses sentenced under

chapter 9.94A RCW.

_____ (dd)

If I am pleading guilty to felony driving under the influence of intoxicating liquor,

or any drugs, or felony actual physical control of a motor vehicle while under the

influence of intoxicating liquor, or any drug, in addition to the provisions of

chapter 9.94A RCW, I will be required to undergo alcohol or chemical

dependency treatment services during incarceration. I will be required to pay the

costs of treatment unless the court finds that I am indigent. My driving privileges

will be suspended, revoked, or denied. Following the period of suspension,

revocation, or denial, I must comply with the Department of Licensing ignition

interlock device requirements. In addition to any other costs of the ignition

interlock device, I will be required to pay an additional fee of $20 per month.

_____ (ee)

For the crimes of vehicular homicide committed while under the influence of

intoxicating liquor, or any drug as defined by RCW 46.61.520, or for vehicular

assault committed while under the influence of intoxicating liquor, or any drug as

defined by RCW 46.61.522, or for any felony driving under the influence (RCW

46.61.502(6)), or felony physical control under the influence (RCW

46.61.504(6)), the court shall add 12 months to the standard sentence range for

each child passenger under the age of 16 who was an occupant in the defendant's

vehicle. These enhancements shall be mandatory, shall be served in total

confinement, and shall run consecutively to all other sentencing provisions,

including other minor child enhancements, for all offenses sentenced under

chapter 9.94A RCW

04(6)), the court shall add 12 months to the standard sentence range for

each child passenger under the age of 16 who was an occupant in the defendant's

vehicle. These enhancements shall be mandatory, shall be served in total

confinement, and shall run consecutively to all other sentencing provisions,

including other minor child enhancements, for all offenses sentenced under

chapter 9.94A RCW.

_____ (ff)

I am pleading guilty to the crime of driving without a required ignition interlock

device (RCW 46.20.740), or the crime of circumventing or tampering with a

required ignition interlock device (RCW 46.20.750(1)), and the offense occurred

on or after September 26, 2015. The sentence for that offense must be served

consecutively with any other sentence imposed for violations of either of those

statutes and with any sentence imposed under RCW 46.61.502 (DUI), RCW

46.61.504 (physical control under the influence), or RCW 46.61.5055. The

sentence for violation of RCW 46.20.750(1) also must be served consecutively

with any sentence imposed under RCW 46.61.520(1)(a) or 46.61.522(1)(b)

(vehicular homicide/assault while under the influence of alcohol/drugs).

_____ (gg)

For the crimes of felony driving under the influence of intoxicating liquor, or any

drug, for vehicular homicide while under the influence of intoxicating liquor, or

any drug, or vehicular assault while under the influence of intoxicating liquor, or

any drug, the court may order me to reimburse reasonable emergency response

costs up to $2,500 per incident.

_____ (hh)

The crime of _______________________________________________ has a

mandatory minimum sentence of at least _______ years of total confinement. This

law does not apply to crimes committed on or after July 24, 2005, by a juvenile

who was tried as an adult after decline of juvenile court jurisdiction. The law does

not allow any reduction of this sentence

sts up to $2,500 per incident.

_____ (hh)

The crime of _______________________________________________ has a

mandatory minimum sentence of at least _______ years of total confinement. This

law does not apply to crimes committed on or after July 24, 2005, by a juvenile

who was tried as an adult after decline of juvenile court jurisdiction. The law does

not allow any reduction of this sentence. This mandatory minimum sentence is not

the same as the mandatory sentence of life imprisonment without the possibility of

parole described in paragraph 6(q).

_____ (ii)

I am being sentenced for 2 or more serious violent offenses arising from separate

and distinct criminal conduct and the sentences imposed on counts _____ will run

consecutively unless the judge finds substantial and compelling reasons to do

otherwise.

_____ (jj)

The offense(s) I am pleading guilty to include(s) a Violation of the Uniform

Controlled Substances Act in a protected zone enhancement or manufacture of

methamphetamine when a juvenile was present in or upon the premises of

manufacture enhancement. I understand these enhancements are mandatory and that

they must run consecutively to all other sentencing provisions.

_____ (kk)

The offense(s) I am pleading guilty to include(s) a deadly weapon, firearm, or

sexual motivation enhancement. Deadly weapon, firearm, or sexual motivation

enhancements are mandatory, they must be served in total confinement, and they

must run consecutively to any other sentence and to any other deadly weapon,

firearm, or sexual motivation enhancements.

_____ (ll)

If I am pleading guilty to (1) unlawful possession of a firearm(s) in the first or

second degree and (2) felony theft of a firearm or possession of a stolen firearm, I

am required to serve the sentences for these crimes consecutively to one another.

If I am pleading guilty to unlawful possession of more than 1 firearm, I must

serve each of the sentences for unlawful possession consecutively to each other

ading guilty to (1) unlawful possession of a firearm(s) in the first or

second degree and (2) felony theft of a firearm or possession of a stolen firearm, I

am required to serve the sentences for these crimes consecutively to one another.

If I am pleading guilty to unlawful possession of more than 1 firearm, I must

serve each of the sentences for unlawful possession consecutively to each other.

_____ (mm) If I am pleading guilty to a felony firearm offense as defined in RCW 9.41.010, I

may be required to register as a felony firearm offender under RCW 9.41.330. I will

be required to register as a felony firearm offender if I committed the felony

firearm offense in conjunction with an offense committed against a person under

age 18, or a serious violent offense or offense involving sexual motivation as

defined in RCW 9.94A.030. The specific registration requirements are in the

“Felony Firearm Offender Registration” Attachment.

_____ (nn)

If I am pleading guilty to the crime of unlawful practices in obtaining assistance

as defined in RCW 74.08.331, no assistance payment shall be made for at least 6

months if this is my first conviction, and for at least 12 months if this is my

second or subsequent conviction. This suspension of benefits will apply even if I

am not incarcerated. RCW 74.08.290.

_____ (oo)

The judge may authorize work ethic camp. To qualify for work ethic

authorization, my term of total confinement must be more than 12 months and

less than 36 months, I cannot currently be either pending prosecution or serving a

sentence for violation of the Uniform Controlled Substances Act, and I cannot

have a current or prior conviction for a sex or violent offense

RCW 74.08.290.

_____ (oo)

The judge may authorize work ethic camp. To qualify for work ethic

authorization, my term of total confinement must be more than 12 months and

less than 36 months, I cannot currently be either pending prosecution or serving a

sentence for violation of the Uniform Controlled Substances Act, and I cannot

have a current or prior conviction for a sex or violent offense.

_____ (pp)

The judge may sentence me under the theft or taking of a motor vehicle sentencing

option, RCW 9.94A.711, if I am pleading guilty to one of the following crimes

committed on or after July 28, 2019, and the midpoint of the standard sentence

range is greater than 1 year: Theft of a motor vehicle (RCW 9A.56.065) or an

attempt; Possession of a stolen vehicle (RCW 9A.56.068) or an attempt; Taking a

motor vehicle without permission in the first degree (RCW 9A.56.070); or Taking a

motor vehicle without permission in the second degree (RCW 9A.56.075). My

sentence would include 6 to 12 months of community custody and the sentence of

confinement could not exceed the midpoint of the standard range reduced by one-

third of the community custody term.

_____ (qq)

If I am pleading guilty to Animal Cruelty in the First Degree I will be permanently

prohibited from owning, caring for, or residing with any animal. RCW 16.52.200.

I plead guilty to:

count

in the ________________________ information. I have received a copy of that

information.

I make this plea freely and voluntarily.

No one has threatened harm of any kind to me or to any other person to cause me to make

this plea.

10.

No person has made promises of any kind to cause me to enter this plea except as set forth

in this statement.

11.

The judge has asked me to state what I did in my own words that makes me guilty of this

crime, including enhancements and domestic violence relationships, if they apply. This is

my statement:

ened harm of any kind to me or to any other person to cause me to make

this plea.

10.

No person has made promises of any kind to cause me to enter this plea except as set forth

in this statement.

11.

The judge has asked me to state what I did in my own words that makes me guilty of this

crime, including enhancements and domestic violence relationships, if they apply. This is

my statement:

[ ] Instead of making a statement, I agree that the court may review the police reports

and/or a statement of probable cause supplied by the prosecution to establish a factual basis

for the plea.

12.

My lawyer has explained to me, and we have fully discussed, all of the above paragraphs,

the “Offender Registration” Attachment, and the “Felony Firearm Registration”

Attachment, if applicable. I understand them all. I have been given a copy of this

“Statement of Defendant on Plea of Guilty.” I have no further questions to ask the judge.

[ ] An interpreter has interpreted the above paragraphs and my lawyer’s explanation into

the __________________ language, which I understand.

Defendant

I have read and discussed this statement with

the defendant. I believe that the defendant is

competent and fully understands the

statement.

Prosecuting Attorney

Defendant's Lawyer

Print Name

WSBA No.

Print Name

WSBA

No.

The defendant signed the foregoing statement in open court in the presence of the defendant's

lawyer and the undersigned judge. The defendant asserted that [check appropriate box]:

[ ] (a)

The defendant had previously read the entire statement above and that the defendant

understood it in full;

[ ] (b)

The defendant's lawyer had previously read to the defendant the entire statement above

and that the defendant understood it in full; or

[ ] (c)

An interpreter had previously sight translated to the defendant the entire statement above

and that the defendant understood it in full. The Interpreter’s Declaration is included

below

ent above and that the defendant

understood it in full;

[ ] (b)

The defendant's lawyer had previously read to the defendant the entire statement above

and that the defendant understood it in full; or

[ ] (c)

An interpreter had previously sight translated to the defendant the entire statement above

and that the defendant understood it in full. The Interpreter’s Declaration is included

below.

Interpreter’s Declaration: I am a certified or registered interpreter, or have been found otherwise

qualified by the court to interpret in the _________________________________ language. I have

interpreted this document for the defendant from English into that language. I certify under penalty

of perjury under the laws of the state of Washington that the foregoing is true and correct.

Signed at (city)

, (state) ______, on (date) ________________

Interpreter

Print Name WA AOC No.

I find the defendant's plea of guilty to be knowingly, intelligently, and voluntarily made. Defendant

understands the charges and the consequences of the plea. There is a factual basis for the plea. The

defendant is guilty as charged.

Dated:

Judge

Superior Court of Washington for

State of Washington

Plaintiff

Defendant

No.

Statement of Defendant on Plea of Guilty to

Sex Offense (Felony)

(STTDFG)

My true name is:

My age is:

The last level of education I completed was: .

I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT:

(a)

I have the right to representation by a lawyer and if I cannot afford to pay for a

lawyer, one will be provided at no expense to me.

(b)

I am charged with:

The elements are:

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the

crime was allegedly committed;

(b)

The right to remain silent before and during trial, and the right to refuse to testify

against myself;

d at no expense to me.

(b)

I am charged with:

The elements are:

I UNDERSTAND I GIVE UP THE FOLLOWING IMPORTANT RIGHTS BY PLEADING GUILTY:

(a)

The right to a speedy and public trial by an impartial jury in the county where the

crime was allegedly committed;

(b)

The right to remain silent before and during trial, and the right to refuse to testify

against myself;

(c)

The right at trial to hear and question the witnesses who testify against me;

(d)

The right at trial to testify and to have witnesses testify for me. These witnesses can

be made to appear at no expense to me;

(e)

The right to be presumed innocent unless the State proves the charge beyond a

reasonable doubt or I enter a plea of guilty;

(f)

The right to appeal a finding of guilt after a trial.

IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT:

(a)

My right to appeal is limited.

(b)

Each crime with which I am charged carries a maximum sentence, a fine, and a

Standard Sentence Range as follows:

COUNT

NO.

OFFENDER

SCORE

STANDARD

RANGE ACTUAL

CONFINEMENT

(not including

enhancements)

PLUS

Enhancements* COMMUNITY

CUSTODY

MAXIMUM TERM

AND FINE

*The sentencing enhancement codes are: (RPh) Robbery of a pharmacy, (CSG) Criminal street

gang involving minor, (AE) Endangerment while attempting to elude. The following

enhancements will run consecutively to all other parts of my entire sentence, including other

enhancements and other counts: (F) Firearm, (D) Other deadly weapon, (SM) Sexual

Motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW

9.94A.533(9), (P16) Passenger(s) under age 16.

(c)

The standard sentence range is based on the crime charged and my criminal history.

Criminal history includes prior convictions and juvenile adjudications or

convictions, whether in this state, in federal court, or elsewhere.

) Other deadly weapon, (SM) Sexual

Motivation, RCW 9.94A.533(8), (SCF) Sexual conduct with a child for a fee, RCW

9.94A.533(9), (P16) Passenger(s) under age 16.

(c)

The standard sentence range is based on the crime charged and my criminal history.

Criminal history includes prior convictions and juvenile adjudications or

convictions, whether in this state, in federal court, or elsewhere.

(d)

The prosecuting attorney's statement of my criminal history is attached to this

agreement. Unless I have attached a different statement, I agree that the prosecuting

attorney's statement is correct and complete. If I have attached my own statement, I

assert that it is correct and complete. If I am convicted of any additional crimes

between now and the time I am sentenced, I am obligated to tell the sentencing

judge about those convictions.

(e)

If I committed the above crime(s) while under age 18 and am sentenced to more

than 20 years of confinement:

(i)

As long as my conviction is not for aggravated first degree murder or

certain sex crimes, and I have not been convicted of any crime committed

after I turned 18 or committed a major disqualifying serious infraction as

defined by the Department of Corrections (DOC) in the 12 months before

the petition is filed, I may petition the Indeterminate Sentence Review

Board (Board) for early release after I have served 20 years.

(ii)

If I am released early because my petition was granted or by other action of

the Board, I will be subject to community custody under the supervision of

the DOC for a period of time determined by the Board, up to the length of

the court-imposed term of incarceration. I will be required to comply with

any conditions imposed by the Board.

(iii)

If I violate the conditions of community custody, the Board may return me

to confinement for up to the remainder of the court-imposed term of

incarceration.

mmunity custody under the supervision of

the DOC for a period of time determined by the Board, up to the length of

the court-imposed term of incarceration. I will be required to comply with

any conditions imposed by the Board.

(iii)

If I violate the conditions of community custody, the Board may return me

to confinement for up to the remainder of the court-imposed term of

incarceration.

(f)

If I committed aggravated murder in the first degree and I was under the age of 18

at the time of the offense:

(i)

If I was under the age of 16 at the time of the offense, the judge will impose

a maximum term of life and impose a minimum term of total confinement

of 25 years for that crime.

(ii)

If I was at least 16 but less than 18 years old at the time of the offense, the

judge will impose a maximum term of life and will impose a minimum term

of total confinement that is at least 25 years.

(iii)

During the minimum term, I will not be eligible for earned early release

time, home detention, partial confinement, work release, or any form of

early release.

(iv)

After the minimum term, if I am released by the Board, I will be subject to

community custody under the supervision of the DOC for a period of time

determined by the Board, and must comply with conditions imposed.

(v)

If I violate the conditions of community custody, the Board may return me

to confinement.

(g)

If I am convicted of any new crimes before sentencing, or if any additional criminal

history is discovered, both the standard sentence range and the prosecuting

attorney's recommendation may increase. Even so, my plea of guilty to this charge

is binding on me. I cannot change my mind if additional criminal history is

discovered even though the standard sentencing range and the prosecuting

attorney's recommendation increase or a mandatory sentence of life imprisonment

without the possibility of parole is required by law.

nce range and the prosecuting

attorney's recommendation may increase. Even so, my plea of guilty to this charge

is binding on me. I cannot change my mind if additional criminal history is

discovered even though the standard sentencing range and the prosecuting

attorney's recommendation increase or a mandatory sentence of life imprisonment

without the possibility of parole is required by law.

(h)

In addition to sentencing me to confinement, the judge will order me to pay any

mandatory fines, fees, assessments, or penalties that apply to my case. If this crime

resulted in injury to any person or damage to or loss of property, the judge will

order me to make restitution, unless extraordinary circumstances exist which make

restitution inappropriate or waivable. The amount of restitution may be up to double

my gain or double the victim’s loss. The judge may also order that I pay a fine,

court costs, attorney fees, and the costs of incarceration.

(i)

For sex offenses committed prior to September 1, 2001: In addition to sentencing

me to confinement, the judge may order me to serve up to one year of community

custody if the total period of confinement ordered is not more than 12 months. If

the period of confinement is over one year, the judge will sentence me to

community custody for 36 months. During the period of community custody to

which I am sentenced, I will be under the supervision of the DOC, and I will have

restrictions and requirements placed upon me.

serve up to one year of community

custody if the total period of confinement ordered is not more than 12 months. If

the period of confinement is over one year, the judge will sentence me to

community custody for 36 months. During the period of community custody to

which I am sentenced, I will be under the supervision of the DOC, and I will have

restrictions and requirements placed upon me.

For sex offenses committed on or after September 1, 2001: (i) Sentencing under

RCW 9.94A.507: If this offense is any of the offenses listed in subsections (aa) or

(bb), below, the judge will impose a maximum term of confinement consisting of

the statutory maximum sentence of the offense and a minimum term of confinement

either within the standard range for the offense or outside the standard range if an

exceptional sentence is appropriate. The minimum term of confinement that is

imposed may be increased by the Indeterminate Sentence Review Board if the

Board determines by a preponderance of the evidence that it is more likely than not

that I will commit sex offenses if released from custody. In addition to the period of

confinement, I will be sentenced to community custody for any period of time I am

released from total confinement before the expiration of the maximum sentence.

During the period of community custody, I will be under the supervision of the

DOC and I will have restrictions and requirements placed upon me, which may

include electronic monitoring, and I may be required to participate in rehabilitative

programs

will be sentenced to community custody for any period of time I am

released from total confinement before the expiration of the maximum sentence.

During the period of community custody, I will be under the supervision of the

DOC and I will have restrictions and requirements placed upon me, which may

include electronic monitoring, and I may be required to participate in rehabilitative

programs.

(aa) If the current offense is any of these offenses or attempt to commit any of

these offenses:

Rape in the first degree

Rape in the second degree

Rape of a child in the first degree

committed when I was at least 18 years

old

Rape of a child in the second degree

committed when I was at least 18 years

old

Child molestation in the first degree

committed when I was at least 18 years

old

Indecent liberties by forcible

compulsion

Any of the following offenses with a finding of sexual motivation:

Murder in the first degree

Murder in the second degree

Homicide by abuse

Kidnapping in the first degree

Kidnapping in the second degree

Assault in the first degree

Assault in the second degree

Assault of a child in the first degree

Assault of a child in the second degree

Burglary in the first degree

(bb) If the current offense is any sex offense and I have a prior conviction for

any of these offenses or attempt to commit any of these offenses:

Rape in the first degree

Rape in the second degree

Rape of a child in the first degree

Rape of a child in the second degree

Child molestation in the first degree

Indecent liberties by forcible

compulsion

Any of the following offenses with a finding of sexual motivation:

Murder in the first degree

Murder in the second degree

Homicide by abuse

Kidnapping in the first degree

Kidnapping in the second degree

Assault in the first degree

Assault in the second degree

Assault of a child in the first degree

Assault of a child in the second degree

Burglary in the first degree

cible

compulsion

Any of the following offenses with a finding of sexual motivation:

Murder in the first degree

Murder in the second degree

Homicide by abuse

Kidnapping in the first degree

Kidnapping in the second degree

Assault in the first degree

Assault in the second degree

Assault of a child in the first degree

Assault of a child in the second degree

Burglary in the first degree

(ii) If this offense is a sex offense that is not listed in paragraph 6(i)(i), then in

addition to sentencing me to a term of confinement, the judge may order me to

serve up to one year of community custody if the total period of confinement

ordered is not more than 12 months. If the period of confinement is over one year,

or if my crime is failure to register as a sex offender, and this is my second or

subsequent conviction of that crime, the judge will sentence me to community

custody for 36 months. During the period of community custody to which I am

sentenced, I will be under the supervision of the DOC, and I will have restrictions

and requirements placed upon me, which may include electronic monitoring.

For sex offenses committed on or after March 20, 2006: For the following offenses

and special allegations, the minimum term shall be either the maximum of the

standard sentence range for the offense or 25 years, whichever is greater:

(1) If the offense is rape of a child in the first degree, rape of a child in the

second degree, or child molestation in the first degree and the offense

includes a special allegation that the offense was predatory.

(2) If the offense is rape in the first degree, rape in the second degree, indecent

liberties by forcible compulsion, or kidnapping in the first degree with sexual

motivation and the offense includes a special allegation that the victim of the

offense was under 15 years of age at the time of the offense.

t degree and the offense

includes a special allegation that the offense was predatory.

(2) If the offense is rape in the first degree, rape in the second degree, indecent

liberties by forcible compulsion, or kidnapping in the first degree with sexual

motivation and the offense includes a special allegation that the victim of the

offense was under 15 years of age at the time of the offense.

(3) If the offense is rape in the first degree, rape in the second degree with

forcible compulsion, indecent liberties with forcible compulsion, or

kidnapping in the first degree with sexual motivation and this offense

includes a special allegation that the victim of the offense was, at the time of

the offense, developmentally disabled, mentally disordered, or a frail elder or

vulnerable adult.

Community Custody Violation: If I violate the conditions of my community

custody, the DOC may sanction me up to 60 days’ confinement per violation and/or

revoke my earned early release, or the DOC may impose additional conditions or

other stipulated penalties. The court also has the authority to impose sanctions for

any violation.

(j)

The prosecuting attorney will make the following recommendation to the judge:

_________________________________________________________________

_________________________________________________________________.

[ ] The prosecutor will recommend, as stated in the plea agreement, which is

incorporated by reference.

____________

_________________________________________________________________

_________________________________________________________________.

[ ] The prosecutor will recommend, as stated in the plea agreement, which is

incorporated by reference.

(k)

The judge does not have to follow anyone’s recommendation as to sentence. If I

was over the age of 18 when I committed this crime, the judge must impose a

sentence within the standard range unless the judge finds substantial and

compelling reasons not to do so (except as provided in paragraph 6(i)). If I was

under the age of 18 when I committed this crime, the judge has the discretion to

impose an exceptional sentence downward. I understand the following regarding

exceptional sentences:

(i)

The judge may impose an exceptional sentence below the standard range

if the judge finds mitigating circumstances supporting an exceptional

sentence.

(ii)

The judge may impose an exceptional sentence above the standard range if

I am being sentenced for more than one crime and I have an offender score

of more than nine.