CLARK COUNTY, NEVADA
GUILTY PLEA AGREEMENT
I hereby agree to plead guilty to: ATTEMPTED THEFT, a Category C Felony, in violation of NRS 193.330 and NRS 205.0832 as more fully alleged in the charging document attached hereto as Exhibit "1".
My decision to plead guilty is based upon the plea agreement in this case which is as follows:
At time of sentencing, the State will recommend that defendant be placed on probation for two years and pay restitution in the amount of $10,000.00. Furthermore, defendant agrees to pay restitution in the amount of $10,000.00.
The State explicitly reserves the right to present facts and/or argument through witness and/or victims at the time of sentencing. Furthermore, the State retains the right to comment on Defendant's crimes, past conduct and/or present evidence in any form.
I have entered into these negotiations and have signed this document of my own free will without threat or promise on the part of anyone other than expressed herein.
Furthermore, I understand that if the State of Nevada has agreed to recommend or stipulate to a particular sentence or has agreed not to present argument regarding the sentence, or agreed not to oppose a particular sentence, any such agreement by the State is contingent upon my appearance in court on the initial sentencing date and any subsequent date if the sentencing is continued.
I understand that if I subsequently withdraw from this plea agreement, the plea agreement and any factual admissions made at my arraignment in district court are admissible at time of trial and I waive any rights I may have in this regard.
I understand that if I fail to appear for the scheduled sentencing date or I commit a new criminal offense prior to sentencing the State of Nevada would regain the full right to argue for any lawful sentence.
CONSEQUENCES OF THE PLEA
I understand that by pleading guilty I admit the facts which support all the elements of the offense(s) to which I now plead as set forth in Exhibit "1".
I understand that as a consequence of my plea of guilty to ATTEMPTED THEFT, I may be punished by imprisonment for a period of not less than one (1) year and not more than five (5) years in the Nevada State Prison and pay a fine of not more than $10,000. Furthermore, I understand that probation is available for this charge.
I understand that, if appropriate, I will be ordered to make restitution to the victim of the offense(s) to which I am pleading guilty and to the victim of any related offenses which are being dismissed or not prosecuted pursuant to this agreement. I will also be ordered to reimburse the State of Nevada for any expenses related to my extradition, if any.
I understand the Attorney General's Office shall not be bound by any oral negotiations preceding the actual execution of this Agreement until such time as this Agreement has been actually executed, that is, signed by the prosecutor representing the State of Nevada and the Attorney General's Office and I have entered my plea before the court.
I understand that if more than one sentence of imprisonment is imposed and I am eligible to serve the sentences concurrently, the sentencing judge has the discretion to order the sentences served concurrently or consecutively.
I also understand that information regarding charges not filed, dismissed charges, or charges to be dismissed pursuant to this agreement may be considered by the judge at sentencing.
I have not been promised or guaranteed any particular sentence by anyone. I know that my sentence is to be determined by the Court within the limits prescribed by statute. I understand that if my attorney or the State of Nevada or both recommend any specific punishment to the Court, the Court is not obligated to accept the recommendation.
I understand if the offense to which I am pleading guilty to was committed while I was incarcerated on another charge or while I was on probation or parole that I am not eligible for credit for time served toward the instant offenses.
I understand the Division of Parole and Probation will prepare a report for the sentencing judge prior to sentencing. This report will include matters relevant to the issue of sentencing, including my criminal history. This report may contain hearsay information regarding my background and criminal history. My attorney and I will each have the opportunity to comment on the information contained in the report at the time of sentencing. Unless the Attorney General has specifically agreed otherwise, the Attorney General may also comment on this report.
WAIVER OF RIGHTS
By entering my plea of guilty, I understand that I am waiving and forever giving up the following rights and privileges:
- The constitutional privilege against self-incrimination, including the right to refuse to testify at trial, in which event the prosecution would not be allowed to comment to the jury about my refusal to testify.
- The constitutional right to a speedy and public trial by an impartial jury, free of excessive pretrial publicity prejudicial to the defense, at which trial I would be entitled to the assistance of an attorney, either appointed or retained. At trial the State would bear the burden of proving beyond a reasonable doubt each element of the offense charged.
- The constitutional right to confront and cross-examine any witnesses who would testify against me.
- The constitutional right to subpoena witnesses to testify on my behalf.
- The constitutional right to testify in my own defense.
- The right to appeal the conviction, with the assistance of an attorney, either appointed or retained, unless the appeal is based upon reasonable constitutional jurisdictional or other grounds that challenge the legality of the proceedings and except as otherwise provided in subsection 3 of NRS 174.035.
VOLUNTARINESS OF PLEA
I have discussed the elements of all of the original charges against me with my attorney and I understand the nature of the charges against me.
I understand that the State would have to prove each element of the charges against me at trial.
I have discussed with my attorney any possible defenses, defense strategies and circumstances which might be in my favor.
All of the foregoing elements, consequences, rights, and waiver of rights have been thoroughly explained to me by my attorney.
I believe that pleading guilty and accepting this plea bargain is in my best interest, and that a trial would be contrary to my best interest.
I am signing this agreement voluntarily, after consultation with my attorney, and I am not acting under duress or coercion or by virtue of any promises of leniency, except for those set forth in this agreement.
I am not now under the influence of any intoxicating liquor, a controlled substance or other drug which would in any manner impair my ability to comprehend or understand this agreement or the proceedings surrounding my entry of this plea.
My attorney has answered all of my questions regarding this guilty plea agreement and its consequences to my satisfaction and I am satisfied with the services provided by my attorney.
Dated this 21st day of February, 2007.
AGREED TO BY:
CATHERINE CORTEZ MASTO
Chief Deputy Attorney General
CERTIFICATE OF COUNSEL
I, the undersigned, as the attorney for the Defendant named herein and as an officer of the court hereby certify that:
- I have fully explained to the Defendant the allegations contained in the charge(s) to which guilty pleas are being entered.
- I have advised the Defendant of the penalties for each charge and the restitution that the Defendant may be ordered to pay.
- All pleas of guilty offered by the Defendant pursuant to this agreement are consistent with the facts known to me and are made with my advice to the Defendant.
- To the best of my knowledge and belief, the Defendant:
- Is competent and understands the charges and the consequences of pleading guilty as provided in this agreement.
- Executed this agreement and will enter all guilty pleas pursuant hereto voluntarily.
- Was not under the influence of intoxicating liquor, a controlled substance or other drug at the time I consulted with the defendant as certified in paragraphs 1 and 2 above.
Dated: This 21stday of February, 2007.
CLARK COUNTY, NEVADA
CATHERINE CORTEZ MASTO, Attorney General, through CONRAD HAFEN, Chief Deputy Attorney General, informs this Honorable Court that TIFFANY STONE aka TIFFANY HUNTSMAN, the Defendant above named, has committed the offense of ATTEMPTED THEFT, a Category C Felony in violation of NRS 193.330 and NRS 205.0832 in the following manner:
(A Category C Felony - NRS 193.330 and NRS 205.0832)
That the defendant, TIFFANY STONE aka TIFFANY HUNTSMAN, being a person who, without lawful authority, knowingly converts, makes an unauthorized transfer of an interest in, or without authorization controls any property or another person, or uses the services or property of another person entrusted to her or, placed in her possession for a limited, authorized period of determined or prescribed duration or for a limited use and the amount is $2,500.00 or more to wit: That from July 2004 through December 2004, in Clark County, Nevada, the defendant, in her capacity as dues clerk for Sheet Metal Workers Local Union #88, converted $2,500.00 or more by taking dues or fees paid by union travelers to Sheet Metal Workers Local Union #88 without authorization.
All of which is contrary to the form, force and effects of the statutes in such cases made and provided against the peace and dignity of the State of Nevada. Said complainant makes this declaration subject to the penalty of perjury.
DATED this 21st day of February, 2007.
In accordance with NRS 173.045(2), the following is the endorsement of names(s) of such witness(es) known by the Office of the Attorney General at the time of the filing of this Information:
- Andrea Oliphant
600 Las Vegas Blvd., #750 Las Vegas, Nevada 89101
- Quentin Heiden
600 Las Vegas Blvd., #510 Las Vegas, Nevada 89101
- John Cemick
6219 Tazewell Court
Las Vegas, Nevada 89081
- Paul Marino
4550 West Sahara, #1155 Las Vegas, Nevada 89102
- Roderick Price
101 E. Twain Avenue, Apt. 56 Las Vegas, Nevada 89122
- Michael Renault
6201 Boulder Highway, #411 Las Vegas, Nevada 89122
- Vicki Noyes
2560 Marlo Street
Las Vegas, Nevada 89115