Hi,
What state?
Rich
Here is TX 12:45 of the Penal Code
§ 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands adjudged guilty.(b) Before a court may take into account an admitted offense over which exclusive venue lies in another county or district, the court must obtain permission from the prosecuting attorney with jurisdiction over the offense.(c) If a court lawfully takes into account an admitted offense, prosecution is barred for that offense.
I suspect the section is used when someone pleads guilty to a lesser charge and the greater charge is dismissed.
This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.
Another expert here with whom I consulted added:
12.45s are usually for correlating offenses as opposed to lesser included charges. IE, if you get a drunk in public and a resisting arrest, with the deal you can plead guilty to both but only get convicted on one.
Lawyer
Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
This section applies at the time of plea and sentencing...not for events that take place afterwards.