poss cont subs (d) - marijuana - nass

8/8/2019 Poss Cont Subs (D) - Marijuana - Nass

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STATE OF INDIANA IN THE HAMILTON SUPERIOR COURT 5

VS. CAUSE NO:29D05-1007-FD-3548

CODY STEVEN NASS

PLEA AGREEMENT

The State of Indiana, by Caroline A. Stevenson, Deputy Prosecuting Attorney for Hamilton County Indiana;the Defendant, CODY STEVEN NASS; and his/her counsel, Josh Taylor, all agree to the following:

Should the defendant enter a plea of guilty to the charges(s) below and if the Court accepts this plea agreement,then the Court shall sentence the Defendant as follows:

Count 1: Possession of a Controlled Substance, Class D Felony

545 days in the Department of Correction, with 4 days executed and 541 days suspended. Defendant given 4 days

credit for 2 actual days served. $164.00 court costs. $200.00 drug interdiction fee. $100.00 administrative

probation fee. Defendant shall be placed on probation for a period of 541 days, with all standard terms and

conditions, and shall also include: 1) payment of court costs, fines and fees; 2) successful completion of the CARE

or equivalent drug/alcohol program, complying with recommendations and payment of costs associated with

assessment, referral, and recommended education/treatment; and 3) letter of apology to the arresting officer

Count 2: Possession of Marijuana, a Class A Misdemeanor

365 days in the Hamilton County Jail, with 4 days ordered executed and 361 days suspended. Defendant given 4

days credit for 2 actual days served. Court costs and fees imposed under Count 1. Defendant shall be placed on

probation for a period of 365 days, with all standard terms and conditions, and shall also include: all terms imposed

under Count 1.

Sentences for Counts 1 and 2 to run concurrently. Upon successful completion of probation, and provided Defendant

makes his written request within 60 days of completing probation, Defendant may petition the Court for AMS.

and then the State shall move to dismiss ALL REMAINING CHARGES UNDER THIS CAUSE NUMBER

Defendant states that he has read and understands all of the following by initialing each line:

The Defendant is giving up the following rights by pleading guilty:____ The right to a public and speedy trial by jury;____ The right to face and question all witnesses against Defendant at trial;____ The right to subpoena witnesses, at no cost, to testify on Defendant's behalf at trial;____ The right to require the State to prove Defendant's guilt beyond a reasonable doubt at a trial; ____ The right to remain silent; and____ The right to appeal a finding of guilt if Defendant had gone to trial.

The Defendant understands the following or that his/her attorney has explained the following:____ The right to court-appointed attorney for trial and appeal if Defendant cannot afford to hire an attorney;____ The minimum and maximum sentence for each crime charged to which he is pleading is:

Class D Felony: a fixed term of imprisonment of between six (6) months and three (3) years, with anadvisory sentence being one and one-half (1 ) years; in addition, a fine of not more than ten thousanddollars ($10,000.00). Further, the defendant acknowledges that his/her attorney has advised him/her thatpursuant to statute, the Court in certain instances may only be able to suspend that part of a sentence inexcess of the minimum sentence if the defendant has a prior unrelated felony conviction and that such priorconviction(s) may possibly be used by the Court to increase the possible sentence and/or the possibility ofthe imposition of consecutive sentences. Further, the defendant acknowledges that his/her attorney has

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advised him/her that the Court, pursuant to statute, can impose consecutive and/or concurrent sentencespursuant to statute.

____ That the Defendant's prior felony or misdemeanor convictions may increase the possible sentence or mayprevent the Court from suspending all of the sentence;

____ That the Court may impose consecutive sentences if Defendant pleads guilty to more than one charge;____ That the Court may impose any standard or special terms of probation at the Courts discretion in addition

to those terms included in the plea agreement. The Court may also impose a term of restitution as acondition of probation if the Court finds such to be appropriate under the authority of I.C. 35-50-5-3, andsuch term may be in addition to any term of restitution specifically set forth in the plea agreement;

____ The elements of the charge(s) to which the Defendant is pleading guilty;____ That a guilty plea is an admission that the Defendant committed the charge(s);____ That if Defendant is pleading guilty to a traffic offense, the record of conviction will be sent to the Bureau

of Motor vehicles to be made a part of the Defendant's permanent driving record, and that the convictionmay later cause a habitual traffic offender suspension.

____ That as part of this plea agreement, the Defendant agrees to waive all rights to request, file a motion for, orbe considered for a modification of sentence, except as permitted by the terms of this agreement.

____ The defendant acknowledges that he may have a right, pursuant to the Sixth Amendment to the UnitedStates Constitution and Article I, Section 13 of the Indiana Constitution to have a jury determine, by proofbeyond a reasonable doubt, the existence of any fact or aggravating circumstance that would allow theCourt to impose a sentence in excess of the statutory presumptive sentence and to have the State of Indianaprovide written notification of any such fact or aggravating circumstance. The defendant hereby waives

such rights and requests that the Judge of this Court make the determination of the existence of anyaggravating and/or mitigating circumstances and impose sentence, after considering the presentenceinvestigation report and any appropriate evidence and argument presented at the sentencing hearing.

____ Unless otherwise provided for in the State's recommendation, the defendant hereby waives all rights torequest, file motion for, or be considered for: 1) a modification of sentence or modification of placementunder Indiana Code 35-38-1-17.

____ The Defendant understands that he/she has a right to appeal his sentence if there is an open plea. An openplea is an agreement which leaves the sentence entirely to the Judges discretion, without any limitations orthe dismissal of any charges. The Defendant acknowledges that his plea is not an open plea and theDefendant hereby waives his right to appeal his sentence so long as the Judge sentences the Defendantwithin the terms of the plea agreement.

Having read and understood this entire PLEA AGREEMENT, Defendant hereby agrees with and signs thisagreement and further states that all this is done intelligently, knowingly, and voluntarily after consultation with hisor her attorney this ______ day of ____________________, 201__.

_______________________________________CODY STEVEN NASS, Defendant

The above agreement has been read and approved by the Attorney for the Defendant. By his or hersignature, defense counsel acknowledges that he or she has discussed the foregoing provisions with the Defendantand that the Defendant has indicated approval by placing his or her signature thereto.

_______________________________________Josh Taylor, Attorney for Defendant

Approved by Deputy Prosecuting Attorney for Hamilton County, Indiana, this ___ day of _________________, 201__.

________________________________________Caroline A. Stevenson, Deputy Prosecuting Attorney

Recommended for approval: Approved:_________________________________ _______________________________________ Magistrate, Hamilton Superior Court 5 Judge, Hamilton Superior COURT 5

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poss cont subs (d) - marijuana - nass

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