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                             CrR
                          RULE 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.

     (c) Pleading Insanity.  Written notice of an intent to
rely on the insanity defense, and/or a 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.090 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.090 that the agreement is not consistent
with (1) the interests of justice or (2) the prosecuting
standards set forth in RCW 9.94A.430-.460, 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inform the defendant that the guilty plea may be withdrawn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:

     (NOTE - See the Statement of Defendant on Plea of
     Guilty and the Interpreter’s Declaration at:
     http://www.courts.wa.gov/rules/Word/supCrR4.02_GP.doc)

        (h)  Verification by Interpreter.  If a defendant is
not fluent in the English language, a person the court has
determined has fluency in the defendant’s language shall
certify that the written statement provided for in section
(g) has been translated orally or in writing and that the
defendant has acknowledged that he or she understands the
translation.


[Amended effective September 1, 1983; July 1, 1984;
September 1, 1986; September 1, 1991; March 19, 1993;
September 1, 1995; November 7, 1995; January 2, 1996;
September 1, 1996; April 8, 1997; March 9, 1999; September
1, 1999; December 28, 1999; December 7, 2000.]
	

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