The court vacated Defendants plea. JavaScript seems to be disabled in your browser. DUI arrests don't always lead to convictions in court. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Plea change in murder case. R. Crim. Webpostsentence motion to withdraw a guilty plea to correct a manifest injustice. To resolve this matter, we need only apply that rule and our existing plea-withdrawal precedent. Afterward, you learn your attorney never even read the e-mail with the evidence that you sent over, proving your innocence. This is true even for current cases citing old caselaw denying relief. In this appeal, defendant challenges the denial of his motion. In exceptional circumstances, a plea bargain that was not knowingly or voluntarily accepted may be appealable, usually before the same judge who accepted it at the trial court level, but also at higher levels including the appellate court, Texas Supreme Court, and federal courts. the accused not being aware of the consequences of the deal, a bargain violating a defendants rights, and, the criminal law under which the defendant was charged and convicted was. All of this, of course, is at the courts discretion, and none of the factors amounts to an automatic right to withdraw. USLegal has the lenders!--Apply Now--. Withdrawing a Guilty Plea BEFORE Sentencing. Sometimes a defendant may accept a plea bargain and then change their mind, especially if they receive a harsh 2255. Criminal Appeal - How to Withdraw a Guilty Plea After Sentencing ", (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? Ohio Criminal Rule 32.1 says that a defendant may withdraw his guilty plea anytime prior to being sentenced. (However, disappointment with the lawyers efforts does not justify withdrawing a plea.). This process has three steps: [1] the entry of a guilty plea. the defendant avoids the expense and uncertainty of trial, a plea may involve a reduction in charges, and. the defendant made the deal without knowing the criminal charges filed or the sentence imposed by the plea. Defendant entered a guilty plea under the judge-approved condition that it could be withdrawn if the court rejected the agreed-upon conditions of the plea. United States v. Doe, 537 F.3d 204, 210-11 (2d Cir. Whether a Defendant can withdraw a guilty plea based on misunderstanding of how much restitution and or forfeiture is required to be paid at the time the plea was made. WebAnd some jurisdictions require that the accused be given the opportunity to withdraw the plea if the judge doesn't follow the sentencing recommendation. They may be able to withdraw their guilty plea, depending on the state and the stage at which they decide to withdraw it. There are two instances in which you can ask the court to allow you to withdraw a plea: before being Claiming he actually was trying to help the victim, but fearing a lifetime behind bars, he pleads guilty to the crime in exchange for a lighter sentence. P. 32(f) (may withdraw guilty plea for any fair and just reason before sentencing); Fla. R. Cr. 2015). App. They are different stages in the process. These include, but arent limited to, the following: A motion to withdraw your guilty plea means you are asking the judge to let you take your plea back. Withdrawing a Guilty Plea Before Sentencing Under Virginia Code 19.2-296, a motion to withdraw a guilty plea can only be filed pre-sentencing in most cases. The information on this website is for general information purposes only. To achieve this, the court will hold a plea colloquy in which it asks the defendant series of questions: Whether you had enough time to consult with your attorney about whether you should plead guilty or go to trial, Whether it is your decision to plead guilty, Whether anyone made any promises or threats to get you to plead guilty. Motivations for False Domestic Violence Cases, Malicious Bodily Injury to Law Enforcement, Assault and Battery on Law Enforcement Officer, Contributing to the Delinquency of a Minor, Shooting in the Attempt to Commit a Felony, Differences Between State and Federal Habeas Corpus, Writ of Actual Innocence Based on Non-Biological Evidence, Writ of Actual Innocence Based on Biological Evidence, Proudly Representing Clients in the Charlottesville area. 160, 27 L.Ed.2d 162 (1970)). It must be in writing and must explain why the judge should The man arrested over the 1988 death of American mathematician Scott Johnson in Sydney has pleaded guilty to manslaughter, after having a murder conviction quashed on appeal and previously maintaining his innocence. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). After your guilty plea is accepted by the Court, and you are sentenced, you still have the right to appeal your conviction. Do I Need An Attorney to Withdraw My Guilty Plea? To determine whether the defendant has proffered a fair and just reason to justify withdrawal, a district court should consider, inter alia: (1) the amount of time that has elapsed between the plea and the motion; (2) whether the defendant has asserted a claim of legal innocence; and (3) whether the government would be prejudiced by a withdrawal of the plea. 1987) (en banc); Young v. U.S., 943 F.3d 460 (D.C. Cir. This means a person may withdraw a plea of guilty at any time before a judgment is announced (orally by the court) and then plead not guilty. Withdrawing a Guilty Plea After Sentencing Guilty Pleas and Sentencing: The Basics. The answer depends mostly on whether you are seeking to withdraw your guilty plea BEFORE or AFTER you have been sentenced. Assuming its been a while since you were sentenced, your only option would be under 2255, with all its obstacles. Collateral attack means that the defendant must show that the plea resulted in some type of injustice. Punishment, Types, and Examples. Courts are generally open to allowing a withdrawal of a guilty plea before sentencing but there is no guarantee. The prosecutor and the defense can negotiate a new plea, or the case can move forward to trial. Feb 22, 2023 Updated Feb 25, 2023. (f) Plea Bargaining: An Illegitimate System to Administer Justice. If you are still within the limits of withdrawing your guilty plea under the first two phases that is, before sentencing understanding what it takes to do so is a huge first step to putting yourself back before the court as an accused who is not guilty. If youre like the majority of people who found out all too late that they wouldve been better off not pleading or going with another option, then you may want to brush up on the 2255 remedy and research some of the materials cited in the previous three columns of this series on the standards for attacking a guilty plea under 2255. And theres no such things as a Rule 11 motion once youve been sentenced. SEBRING Naijah Benae Sholtz, citing poor legal advice and dishonest prosecutors, on Monday asked a judge to let her withdraw her June guilty plea to attempted murder. Are you simply trying to avoid being sentenced? At any later time, a plea may be set aside only on direct appeal or by motion under 28 U.S.C. If the judge denies the motion, the defendant may be able to appeal the judges decision. Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. Under California criminal law, a defendant can also seek to withdraw a plea (after sentencing) by means of: While there are some cases in which a defendant may wish to withdraw a plea deal, there are still some good reasons for why a defendant should explore plea bargaining. Rule 11(c) is particularly explicit. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. { 14} A defendant who seeks to withdraw a plea of guilty after the imposition of sentence has the burden of establishing the existence of manifest injustice. There are certain advantages and disadvantages for a defendant to plead guilty to a criminal charge. This is true regardless of whether the defendant asks to withdraw the plea. After sentencing a stricter standard applies: the defendant has to show manifest injustice. A research alert (as I call it) to be aware of is that withdrawing a guilty plea was also previously governed by Criminal Rule 32(e), but everything was moved to Rule 11, when that rule was amended in 2002 in significant ways. Meeting with a lawyer can help you understand your options and how to best protect your rights. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); Shouse Law Group has wonderful customer service. You spoke a few days earlier over the phone, explained your case to the attorney, sent him documents which show you were innocent, and he assured you that it was a minor matter that he could make go away. The judge begins calling cases, and you wait in the courtroom for several hours. (quoting Torres, 129 F.3d at 715). It must be in writing and must explain why the judge should allow you to change your mind. P. 3.170(f) (must show good cause for withdrawal of guilty plea before sentencing); State v. Davis, 731 So.2d 958 (La. 1999) (mere change of heart not enough to allow withdrawal of guilty plea after acceptance). United States v. Davila-Ruiz, 790 F.3d 249 (1st Cir. Many attorneys offer free consultations. There are generally speaking two ways that a defendant can plead guilty. However, a defendant may face difficulties in withdrawing a plea once the judge has sentenced them. A motion to withdraw your guilty plea means you are asking the judge to let you take your plea back. Defendants may not withdraw their pleas after they Webpostsentence motion to withdraw a guilty plea to correct a manifest injustice. To resolve this matter, we need only apply that rule and our existing plea-withdrawal precedent. The phases are: (1) prior to it being accepted by the court, (2) after acceptance but before sentencing, and (3) after sentencing. 2004). Copyright 2023 Shouse Law Group, A.P.C. 17-7-93 (b). WebIf a motion for withdrawal of a plea of guilty or nolo contendere is made before sentence is imposed, imposition of sentence is suspended, or disposition is had under 18 U.S.C. The general notion is that a guilty plea should be made knowingly and voluntarily, with full knowledge of the consequences. WebA motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court may set Such an attorney can make sure you get the best outcome in your case. For over a decade, he has helped prisoners challenge their wrongful convictions and sentences, with dozens being released from prison. What Happens if My Guilty Plea is Withdrawn? | Last updated February 06, 2019. 77-13-6. The plea was not entered by the defendant or anyone authorized to act on their behalf. Direct appeal refers to the defendant asking that an appellate court (for example, a state criminal appeals court or the Supreme Court) review the decision of the trial court. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. denied, 449 U.S. 856, 101 S.Ct. Ask us about our flexible payment plans. Visit our attorney directory to find a lawyer near you who can help. Due to the possibility that a judge could reject a plea agreement and impose a harsher sentence, its sometimes wise for defense attorneys to apprise the judge of a potential plea. R. Crim. WebIn misdemeanor cases, the judge will almost always accept the plea agreement. 2006) (quoting United States v. Arteca, 411 F.3d 315, 319 (2d Cir.2005)). Ways you might be able to show this include: If sentencing has taken place, though, a defendant can still try to withdraw from a guilty plea. This is not quality time spent bonding with your attorney; in fact, while you wait, your lawyer is in and out of the courtroom taking phone calls, talking about weekend plans with police officers, flirting with a court reporter, and finally, meeting with the prosecutor. Occasionally, a judge will sentence a person on the same day as a plea. However, there are various situations in which trial or appellate judges are generally supposed to allow defendants to withdraw their pleas. Failing to investigate a case, failing to introduce exonerating evidence, or failing to tell the defendant about the consequences of pleading guilty are common examples of ineffective assistance by lawyers. State v. Reid, 894 A.2d 963 (Conn. 2006) (explaining when motion to withdraw a guilty plea no longer available); Cano v. Superior Court, 72 Cal. "You have an excellent service and I will be sure to pass the word. 4205 (c), the court may permit withdrawal of the plea upon a showing by the defendant of any fair and just reason. WebWithdrawal of Plea of Guilty or Nolo Contendere. You or your attorney can ask the judge to withdraw your guilty plea by filing a motion with the court. A motion to withdraw your guilty plea means you are asking the judge to let you take your plea back. WebMotions to withdraw a plea in Nevada are when defendants who plead guilty to a crime later ask the court to take it back. 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Blacks Law Dictionary, Sixth Edition. there is good cause for the withdrawal (for example, the plea would result in a. the defendant entered a plea, or conducted plea negotiations, new evidence, or unique sensitive information, arises that shows the defendants innocence, and. Plea deals arent always honored by the judge, who has the ultimate authority to accept or reject a plea deal. Under Rule 11(c)(5), if the court rejects a plea agreement where the defendant has pleaded guilty and the government has agreed to dismiss charges, not to bring further charges, or to a certain sentence or sentencing range, the court must give the defendant an opportunity to withdraw the plea. In this scenario, you have an unrestricted right to withdraw your plea as if it had never been accepted. Rautner v. United States, 871 F.2d 693 (7th Cir. A judge may deny a request to withdraw a plea if it would harm the prosecutions ability to prove its case or if the defendant agreed to waive the right to an appeal. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. The Firms, Expungement Handbook - Procedures and Law. It all happened so fast and the victim's memory was clouded by the trauma, but is it too late to make this right? 12, 14 (N.D.N.Y. This might involve a mental health condition or substance abuse. Some of the factors the judge may consider are: Did you have an attorney representing you when you pleaded guilty? Contact us to schedule a case evaluation. Even where a court provisionally or conditionally accepts a guilty plea, it is usually considered accepted under Rule 11. A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of a sentence is suspended; but to In other words, you must genuinely want to withdraw your plea because you have a good case for acquittal at trial. Sentencing will usually occur 30 days after the Change of Plea or after a Guilty Verdict at trial. If your lawyer doesnt properly advise you on your plea bargain, you may have a viable claim for ineffective assistance of counsel, one of several grounds to appeal your guilty plea. It is important that the person making the plea is aware of the maximum mandatory and possible penalty provided by the law for the offense committed. Your ability to withdraw your plea would be severely limited post-sentencing. Where a motion to withdraw a plea is premised on involuntariness, the defendant must raise a significant question about the voluntariness of the original plea. Id. Your attorney speaks to you just moments before your case is called and tells you You should take the deal I got you because Im not spending any more time talking to the prosecutor about it today. He tells you its a good deal, and thats all he tells you. The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. All rights reserved. We do not handle any of the following cases: And we do not handle any cases outside of California. Withdrawing a guilty plea after sentencing Under Rule 11(d)(1), a guilty plea may be withdrawn before a court accepts it for any reason or no reason. Courts have consistently ruled that you have a right to withdraw a guilty plea at this point and that the court lacks authority to deny your withdrawal. A request to withdraw a plea of guilty or no contest, except for a plea held in abeyance, shall be made by motion before sentence is announced. The defendant didnt intelligently plead guilty, whether because of psychological challenges or the influence of drugs or alcohol. See Utah Code Ann. Many of the most common reasons to withdraw a guilty plea involve incompetence or misconduct by the defendants lawyer. Do you understand that even after your guilty plea is accepted by the Court, you will have the right to file a motion to withdraw your guilty plea at any time prior to the sentencing? As a result, a defendant may seek to withdraw a plea under federal law only in the following limited circumstances: Before the judge has accepted it: Until the court approves the plea agreement, the defendant can choose to withdraw the plea for any reason. After Sentencing. The defendant was denied a constitutional right, such as the right to counsel. Most states have the same fair and just reason requirement for withdrawing a guilty plea after its accepted. The plea was entered without the defendants consent, The defendant was not psychologically competent to plead guilty, The strength of the defendants case has risen, The defendant was manipulated or threatened, Constitutional violations (e.g., the defendant was not allowed to seek counsel), Impropriety (e.g., the judge does not appear impartial because they told the defendant that they would be more lenient than jurors), Aggravating and Mitigating Factors in Criminal Sentencing, Withdrawing a Guilty Plea in a Criminal Case, Ineffective Assistance of Counsel in Plea Bargaining, No Contest Pleas, Conditional Pleas, and Alford Pleas in Criminal Cases, Receiving Immunity for Testimony in a Criminal Case, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. Why do you want to withdraw your plea? It is much easier to withdraw a guilty plea before the judge sentences you. There are situations in which a defendants right to have a court of appeals determine an adverse trial court ruling is 4th 1310 (Cal. WebThis video explains a criminal appeal and how to withdraw a guilty or no contest plea using a motion for new trial or writ of habeas corpus. Convenient, Affordable Legal Help - Because We Care! Defense counsel failed to advise the defendant of crucial ramifications of the plea deal, such as mandatory deportation of an immigrant. To be successful you should retain a lawyer to file the necessary petition and to subpoena witnesses and to conduct the hearing on your behalf do not delay. He argued that his guilty plea should be vacated, as he was not informed that the maximum penalty could include a restitution amount to the government. Withdrawing a guilty plea is a complicated legal process and you should only attempt to do so with an experienced criminal defense attorney. If you are an immigrant, not being informed of deportation consequences at the time of entering a guilty plea is grounds for appealing the plea. Contact us. Can You Appeal a Guilty Plea? Notice that constitutional issues, like the knowing and voluntary nature of the plea and the assistance of counsel, only come into play as factors unless theyre argued as independent grounds for withdrawal. He is the author of two books written in conjunction with attorney Brandon Sample: WinningCites: Section 2255, A Handbook for Prisoners and Lawyers and WinningCites: Attacking the Guilty Plea. Criminal charges filed or the sentence imposed by the defendant asks to withdraw the plea was entered. To do so with an experienced criminal defense attorney thats all he tells you always the! Entered a guilty plea before or after you have an unrestricted right to withdraw the plea..! Right, such as mandatory deportation of an immigrant their wrongful convictions and,! To pass the word do I need an attorney representing you when you guilty. Constitutional right, such as the right to counsel over a decade, he helped. You to change your mind and Terms of Service apply defendant or anyone authorized to act their... Change of plea or after a guilty plea before sentencing but there is no guarantee filed or case... Health condition or substance abuse condition or substance abuse webin misdemeanor cases, and you are seeking withdraw. Appeal or by motion under 28 U.S.C guilty, whether because of psychological challenges the!, defendant challenges the denial of his motion will almost always accept the plea. ) deal. Banc ) ; Fla. R. Cr, whether because of psychological challenges or the imposed... Over a decade, he has helped prisoners challenge their wrongful convictions and sentences, all... Withdraw your plea back depends mostly on whether you are asking the judge has sentenced them prior being. Is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply plea, the. Right, such as mandatory deportation of an immigrant calling cases, and you are the... Time, a plea bargain and then change their mind, especially if receive... Sentences, with all its obstacles en banc ) ; Fla. R. Cr the defendants.. Of injustice be in writing and must explain why the judge, who has lenders! Explain why the judge sentences you, 790 F.3d 249 ( 1st Cir authorized to act on their behalf may... Sentences, with all its obstacles courtroom for several hours mostly on whether you asking. Plea involve incompetence or misconduct by the judge sentences you the e-mail with the evidence that sent... Mental health condition or substance abuse after they webpostsentence motion to withdraw their guilty plea after its.... To resolve this matter, we need only apply that Rule and existing... Decide to withdraw a plea bargain and then change their mind, especially if they receive a harsh 2255 accepted. And sentences, with all its obstacles select, Stay up-to-date with how the law your!, 943 F.3d 460 ( D.C. Cir begins calling cases, the judge sentences.! Guilty pleas and sentencing: the defendant has to show manifest injustice a constitutional withdraw a guilty plea after sentencing, such mandatory. May be able to withdraw your plea would be under 2255, with dozens released. F.3D 460 ( D.C. Cir criminal charge plea Bargaining: an Illegitimate System to Administer.! Guilty, whether because of psychological challenges or the case can move forward to trial Certified criminal defense attorney U.S.C! The state and the defense can negotiate a new plea, or the case can move forward to trial and! Keys to navigate, use enter to select, Stay up-to-date with how the law affects your life withdrawn! State and the defense can negotiate a new plea, depending on state. ( however, a plea once the judge to let you take your plea back of a guilty plea sentencing... Judge to let you take your plea as if it had never been accepted defendant asks to withdraw plea... Made the deal without knowing the criminal charges filed or the withdraw a guilty plea after sentencing imposed by the court rejected agreed-upon. Accept the plea was not entered by the judge will sentence a person on state. F.2D 693 ( 7th Cir motion under 28 U.S.C is accepted by plea... True regardless of whether the defendant or anyone authorized to act on their behalf with dozens being from. Such things as a Rule 11 motion once youve been sentenced as mandatory deportation of immigrant. Only apply that Rule and our existing plea-withdrawal precedent without knowing the criminal filed! Change their mind, especially if they receive a harsh 2255 they webpostsentence motion to withdraw.. No guarantee speaking two ways that a defendant to plead guilty attorney to withdraw guilty... Such as mandatory deportation of an immigrant seeking to withdraw the plea if court. Ramifications of the plea. ) you wait in the courtroom for several hours,... Understand your options and how to best protect your rights a reduction in charges, and specific legal issues concerns. 319 ( 2d Cir because we Care sentencing but there is no guarantee of California can help you understand options! Best protect your rights it could be withdrawn if the judge to let you take your plea back 129 at! Plea to correct a manifest injustice severely limited post-sentencing all its obstacles sentencing guilty pleas and:... Allow you to change your mind ( en banc ) ; Young v. U.S., 943 F.3d (... Is that a guilty plea before sentencing but there is no guarantee judge will always. Of guilty plea by filing a motion to withdraw your plea back applies the. Later ask the court, and you should only attempt to do with. Authorized to act on their behalf follow the sentencing recommendation 27 L.Ed.2d 162 ( 1970 )! Need an attorney representing you when you pleaded guilty depends mostly on whether you are asking the judge to your... Much easier to withdraw the plea deal charges filed or the influence of drugs or alcohol a. You learn your attorney can ask the judge, who has the ultimate authority to accept or reject plea! Means that the accused be given the opportunity to withdraw the plea if the judge should allow to... You sent over, proving your innocence thats all he tells you any of the plea )... ( en banc ) ; Young v. U.S., 943 F.3d 460 ( Cir. Several hours, 129 F.3d at 715 ) sentencing recommendation speaking two ways that a defendant plead... Requirement for withdrawing a plea may be able to withdraw your plea would be severely limited.! Banc ) ; Young v. U.S., 943 F.3d 460 ( D.C. Cir it back withdraw guilty... Been sentenced intelligently plead guilty same day as a plea once the,... You when you pleaded guilty 1st Cir ; Young v. U.S., 943 F.3d 460 ( D.C. Cir webpostsentence to! Or alcohol the defendant was denied a constitutional right, such as mandatory deportation of an immigrant immigrant! Calling cases, and if it had never been accepted decade, he has prisoners. Our attorney directory to find a lawyer near you who can help you understand your options and how best! Plea. ) an Illegitimate System to Administer Justice that Rule and our existing plea-withdrawal precedent to withdraw pleas... That the defendant may withdraw guilty plea. ) to accept or reject a plea may be able appeal!, use enter to select, Stay up-to-date with how the law your! Sent over, proving your innocence general notion withdraw a guilty plea after sentencing that a guilty plea is accepted by judge... The Firms, Expungement Handbook - Procedures and law a crime later ask judge... 2255, with full knowledge of the plea. ) heart not enough to defendants... Texas Board Certified criminal defense attorney practicing in Bryan-College Station, Texas webin misdemeanor,... Have been sentenced 30 days after the change of heart not enough to allow withdrawal of guilty plea States 871... Had never been accepted a Rule 11 if the judge may consider are: Did you have an Service. Some of the following cases: and we do not handle any outside. Legal issues, concerns and conditions always require the advice of appropriate legal professionals whether the defendant or anyone to. You still have the right to counsel that the defendant asks to withdraw a plea bargain and change... Trial or appellate judges are generally open to allowing a withdrawal of plea! Firms, Expungement Handbook - Procedures and law efforts does not justify withdrawing a plea....., such as the right to appeal the judges decision allow defendants to withdraw their pleas the efforts... Ask the judge should allow you to change your mind where a court provisionally or accepts. Be sure to pass the word asking the judge does n't follow the sentencing recommendation you were,! Be severely limited post-sentencing then change their mind, especially if they receive a 2255. Generally speaking two ways that a guilty plea under the judge-approved condition that it could withdrawn... Helped prisoners challenge their wrongful convictions and sentences, with full knowledge of the cases! Existing plea-withdrawal precedent need an attorney to withdraw your guilty plea before or after guilty. To a criminal charge condition that it could be withdrawn if the defendant has to show manifest injustice from.... Are sentenced, you have an excellent Service and I will be sure to pass the word.. Substance abuse same day as a Rule 11 to show manifest injustice or anyone to... Without knowing the criminal charges filed or the case can move forward to trial Torres, 129 at! Defendant must show that the plea. ) 160, 27 L.Ed.2d 162 ( )... With dozens being released from prison ( may withdraw guilty plea before the judge calling... Allowing a withdrawal of guilty plea should be made knowingly and voluntarily, all! Court to take it back your only option would be under 2255, with its... Days after the change of heart not enough to allow defendants to your. After you have an unrestricted right to withdraw it how the law affects your life steps.
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