What About Josh?
IN THE DISTRICT COURT OF LINCOLN COUNTY
THE STATE OF OKLAHOMA
THE STATE OF OKLAHOMA
Plaintiff, Case No. CF-95-104
Joshua Daniel Stump,
[NOTE: The trial judge shall ensure the defendant is sworn either prior to completing the Summary of Facts
or prior to inquiry by the Court on the plea. If the defendant is entering a nolo contendere, or other type guilty
plea, correct the pen change where term guilty used.]
PLEA OF GUILTY
SUMMARY OF FACTS
Part A: Findings of Fact, Acceptance of Plea
1. Is the name just read to you your true name? Yes
2. (a) Do you wish to have a record made of these proceedings by a Court Reporter? Yes
(b) Do you wish to waive this right? No
3. Age: 18 Grade completed in school: 8th grade
4. Can you read and understand this form? Yes
(If the answer above is no, Addendum A is to be completed and attached.)
5. Are you currently taking any medications or substances which affect your ability to understand these proceedings? No
6. Have you been prescribed any medication that you should be taking but you are not taking? No
If so, what kind and for what purpose?_______________________
7. Have you ever been treated by a doctor or health illness professional for or confined in a mental hospital for mental illness? No
8. Do you understand the nature and consequences of this proceeding? Yes
9. Have you received a copy of the Information and read its allegations? Yes
10. A. Do you understand you are charged with:
(1) Second Degree Murder 21 O.S. 701.8 Yes No
For additional charges: List any additional charges on a separate sheet and label as PLEA OF GUILTY ADDENDUM B.
B. Are you charged after former conviction of a felony? No
11. Do you understand the range of punishment for the crime(s) is/are: (List in same order as in No. 9 above.)
(1) Minimum of 10 to a maximum of LIFE and/or a fine of $_______ Yes No
(No Answer Specified)
For additional charges: List any additional punishments on a separate sheet, with additional crimes and labeled as PLEA OF GUILTY ADDENDUM B.
12. Read the following statements:
You have the right to a speedy trial before a jury for the determination of whether you are guilty or not guilty and if you request, to determine sentence. (If pleading to capital murder, advise of procedure in 21 O.S. S 701.10(B)). At the trial:
(1) You have the right to have a lawyer represent you, either one you hire yourself or if you are indigent a court appointed attorney.
(2) You are presumed to be innocent of the charges.
(3) You may remain silent or, if you choose, you may testify on your own behalf.
(4) You have the right to see and hear all witnesses called to testify against you and the right to cross-examine them.
(5) You may have your witnesses ordered to appear in court to testify and present evidence of any defense you have to these charges.
(6) The state is required to prove your guilt beyond a reasonable doubt.
(7) The verdict of guilty or not guilty decided by a jury must be unanimous. How ever, you can waive a jury trial and, if all parties agree, the case could be tried by a Judge alone who would decide if you were guilty or not guilty and if guilty, the appropriate punishment.
Do you understand each of these rights? Yes
13. Do you understand by entering a plea of guilty you give up these rights? Yes
14. Do you understand that a conviction on a plea of guilty could increase punishment in any future case committed after this plea? Yes
15. Are Mr. Rowan and Mr. Eddy your lawyers? Yes
16. Have you talked over the charge(s) with your lawyer, advised him/her regarding any defense you may have to the charges and had his/he advice? Yes
17. Do you believe your lawyer has effectively assisted you in this case and are you satisfied with his advice? Yes
18. Do you wish to change your plea of not guilty to guilty and give up your right to a jury trial and all other previously explained constitutional rights? Yes
19. Is there a plea agreement? Yes
What is your understanding of the plea agreement?
The state agrees to amend change to 2nd Degree Murder. The defendant agrees to plea guilty and receive a sentence of 75 years.
20. Do you understand the Court is not bound by any agreement recommendation and if the Court does not accept the plea agreement, you have the right to withdraw your plea of guilty? Yes
21. Do you understand that if there is no plea agreement the Court can sentence you within the range of punishment stated in question 11? Yes
22. Do you understand your plea of guilty to the charge(s) is after: Yes No (check one)
(X) no prior felony convictions
( ) one (1) prior felony conviction ( ) two (2) or more prior felony convictions
List prior felony convictions to which pleading:_______________________
23. What is your plea to the charge? Guilty
24. Did you commit the acts as charged in the Information? Yes No
State the factual basis for your plea(s) (attach additional page as needed, labeled as ADDENDUM C):
Robert Anderson and I attempted to steal a Firebird. During the attempt Robert Anderson shot Katrina Knight and she died.
25. Have you been forced, abused, mistreated, or promised anything by anyone to have you enter your plea? Yes No
26. Do you plead guilty of your own free will and without any coercion or compulsion of any kind? Yes No
27. If you are entering a plea to a felony offense, you have a right to a Pre-Sentence Investigation and Report which would contain the circumstances of the offense, any criminal record, social history and other background information about you. Do you want to have the Report? Yes No
28. (A) Do you have any additional statements to make to the Court? Yes No
(B) Is there any legal reason you should not be sentenced now? Yes No
HAVING BEEN SWORN, I, the Defendant whose signature appears below, make the following statements under oath:
The Court completed this form for me and inserted my answers to the questions.
(1) CHECK ONE:
_____ (a) I have read, understood, and completed this form.
X (b) My attorney completed this form and we have gone over the form and I understand its contents and agree with the answers. See Addendum A.
_____ (c) The Court completed this form for me and inserted my answers to the questions.
(2) The answers are true and correct.
(3) I understand that I may be prosecuted for perjury if I have made false statements this Court.
(Signed by Joshua Stump)
Acknowledged this _ 26 _day of __ April, 1996__ (Signed by Korem Vaughn)
Notary Public/Deputy Court Clerk/Judge
29. I, the undersigned attorney for the Defendant, believe the Defendant understands the nature, purpose and consequence of this proceeding. He is able to assist me in formulating any defense to the charge(s). I am satisfied that the Defendants waivers and plea(s) of guilty are voluntary given and he has been informed of all legal and constitutional rights.
(Signed by Jim Rowan) Attorney For Defendant
30. The sentence recommendation in question 18 is correctly stated. I believe the recommendation is fair to the State of Oklahoma.
31. Offer of Proof (Nolo contendere plea)
(Signed by Miles C. Zimmerman)
District Attorney, Lincoln County, OK
THE COURT FINDS AS FOLLOWS:
32. A The Defendant was sworn and responded to questions under oath.
B. The Defendant understands the nature, purpose and consequences proceeding. of this.
C. The Defendants plea(s) of GUILTY is/are knowingly and voluntarily entered and accepted by the Court.
D. The Defendant is competent for the purpose of this hearing.
E. A factual basis exists for the plea(s) (and former conviction(s) , if applicable).
F. The Defendant is guilty as charged: (check as appropriate)
(X) after no prior felony convictions.
( ) after one (1) prior felony conviction.
( ) after two (2) or more prior felony convictions.
G. Sentencing or order deferring sentence shall be: imposed instanter (X) or continued until the _____ day of ________________ 19__, at __________ __ .m. If the Pre-Sentence Investigation and Report is requested, it shall be provided to the Court by the _____ day of _____________, 19___.
DONE IN OPEN COURT this 25th day of April, 1996
Patricia L. Wible, Court Reporter
Karen Gough, Deputy Court Clerk
Paul M. Vassar, Judge of 23rd District Court, Lincoln County, OK