STATE OF INDIANA ST. JOSEPH COUNTY STATE OF INDIANA v. AMY J. CURL SS: IN THE ST. JOSEPH SUPERIOR COURT CAUSE NO. 71003-1504-F6-263 PLEA AGREEMENT Amy J. Curl, upon her oath, says My full true name is Amy 1. Curl, and I request that all proceedings against me be had in that name which I declare to be my true name. I have attended school and completed ~~_yearsof education and I have the ability to read, write and speak the English language. I am represented by counsel and my lawyer's name is Michael J. Tuszynski. I have received a copy of the Information before being called upon to plea and have read and discussed it with my lawyer and believe and feel that I understand every accusation made against me in this case. I have told my lawyer the facts and surrounding circumstances as known to me concerning the matters mentioned in the Information and believe and feel that my lawyer is fully informed as to all such matters. My lawyer has since informed me and has counseled and advised with me, as to the nature and cause of every accusation against me and as to the possible defenses I might have in this case. I understand that I am entitled to have all of my rights which may be involved in this matter explained to me, and that I have the right to have any questions I may have answered to me. I understand that I may plead NOT GUILTY to any charge against me and that if! choose to plead NOT GUILTY, the Constitution guarantees me: a the right to a speedy and public trial by jury in the St. Joseph Superior Court, St. Joseph County, State ofindiana at which the jury will be instructed that they must presume me
innocent unless the evidence overcomes that presumption; b the right to be released on reasonable bail until my trial occurs; c the right to face the witnesses against me; d the right to use the power and process of the Court to compel the production of any evidence, including the attendance of any witnesses in my favor at my trial; e the right to assistance of Counsel at every stage of the proceedings including upon an appeal if need be, with the appointment of such counse! being at no cost to me if r am found to be indigent by the Court; f the right to require the State to prove to the jury unanimously my guilt beyond a reasonable doubt by evidence at a trial at which I may not be compelled to testify against myself, but at which I may testify if I choose to; g the right, in the event that I should be found guilty of the charge against me, to appeal my conviction on such a charge to a higher court. I understand also that if I plead GUILTY I waive the right to a speedy public trial by jury and all of the attendant Constitutional Rights. I further understand that by entering a plea of GUlLTY I will be admitting the truth of all of the facts alleged in the Information or to an offense included thereunder and that upon acceptance of my plea of GUILTY, the Court shall proceed with judgment and sentence. I further understand that by pleading GUILTY, I am waiving whatever rights may have existed under Blakely v. Washington, 542 U.S., 124 S. Ct. 2531, (2004, concerning the use of aggravating and mitigating factors on its own, and that the Court will make the final decision. I understand that unless there are specific terms in this plea agreement to the contrary, the Court has the discretion to impose any sentence within the range set forth by statute and explained below. I understand that I have a right to appeal my sentence if there is an open plea. An open plea is an agreement which leaves my sentence to the Judge's discretion. I hereby waive my right to appeal my sentence under Creech v. State, 887 N.E. 2d 73 (Ind. 2008, so long as the Judge sentences me within the terms of my plea agreement. 2
Notwithstanding the above, I have with the assistance of Counsel, entered into the following agreement with the State of Indiana: 1. The Defendant, will be permitted to withdraw her former plea of NOT GUILTY and enter pleas of guilty with respect to Counts I, II, III and IV all charging Theft, a I.eve! 6 Fe!ony 2. The State agrees to cap the combined executed portion of the sentence, if any, shall not exceed five (5 years. 3. The Court shall enter a restitution order of $364,150.40. 4. The Defendant agrees to give statement detailing the full circumstances of the crime. 5. The State will dismiss all remaining counts. 6. The Parties are othenvise free to argue at the time of sentencing. While the State consents, pursuant to I.C. 35-38-1-1.5, that the Court may enter conviction as felony with the possibility of future misdemeanor treatment the Court retains the discretion to decline to impose a sentence under I.C. 35-38-1-1.5 and to enter judgment of conviction as a Felony permanently. Alternatively, if the Defendant otherwise qualifies, the Court retains the discretion to enter the judgment of conviction as a misdemeanor at the time of sentencing pursuant to I.e. 35-50- 2-7(b. The Defendant has been advised and understands that the possible penalty for a level 6 Felony ranges from one hundred-eighty (180 days to two and one-half (2 Y, years imprisonment with an advisory sentence of one (l years; along with a fme of not more than Ten Thousand Dollars ($10,000.00. The Court, in its discretion, may consider aggravating and mitigating factors in determining the Defendant's sentence. Notwithstanding the above, if a person has committed a Class D Felony, the Court may enter judgment of conviction as a Class A Misdemeanor. The Defendant has been advised and understands that the possible penalty for a Class A Misdemeanor is imprisonment for a fixed term of not more than one (1 year; along with a fine of not more than Five Thousand Dollars ($5,000.00. I believe and feel that my lawyer has done all that anyone could do to counsel and assist me and that I now understand the proceedings in this case against me. 3
'. I declare that I offer my plea of GUILTY freely and voluntarily and of my own accord, and no promises have been made to me other than those contained in this petition, nor have I been threatened in any way by anyone to cause me to plead GUILTY in accordance with this petition. (jjz uiffl II // I-If h AMY J. DEFENDANT.. ~~LEON 1. LI~ITT DEPUTY PROSECUTING ATTORNEY 4