So then there's no plea bargain at all. Accessed 1 Mar. 2023. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. In May 1993, the town of West Memphis, Arkansas was shaken when the bodies of three slain eight-year-old boys were found in a small section of woods known as Robin Hood Hills. [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. The defendant on the other hand knows that they were already convicted once and that this could happen again, and they are already in prison so they have nothing to lose and everything to gain by entering an Alford plea in exchange for their freedom. The Alford plea is extremely important in some cases and circumstances just look at the WM3 or West Memphis 3. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. 1063, 1063 (1987). By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. Pittsburgh, PA 15282 Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. "Accordingly, I have taken advice from the Queen's Counsel from the private bar who has been briefed in the matter and from lawyers within my office. With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the ramifications of a guilty verdict (i.e., punishment) without first attesting to having committed the crime. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, For the latest information, searchABC Emergency, For the latestweather warnings in the Northern Territory, search onABC Emergency, Follow the action from the third Test between India and Australia in Delhi in our live blog. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. E.g. The U.S. Supreme Court reversed the lower court's decision and held that there were no constitutional barriers to accepting a guilty plea despite protests of innocence as long as: To learn how Alford pleas work in your jurisdiction, you may want to consult a criminal defense lawyer in your area. Copyright 2023 The University of Alabama To save this word, you'll need to log in. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. This ruling that a trial court may accept a plea of guilty from a defendant who is simultaneously maintaining his innocence became binding precedent, and guides similar cases today. The Supreme Court ruled that since Alford was informed by his lawyers of the consequences of accepting the lesser charge, he could choose the lesser charge and face those punishments, even while claiming he was innocent. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. [20], When we told prosecutors we were innocent, they put us in prison for life. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. During the party, a man Johnny did not know showed up with one of Johnnys friends. Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. A. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. a grossly culpably negligent surgeon kills his patient on the operating table. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. [14], According to the Court, [o]rdinarily, a judgment of conviction resting on a plea of guilty is justified by the defendants admission that he committed the crime charged against him and his consent that judgment be entered without a trial of any kind. [15] However, it quantified that while most pleas of guilty consist of both a waiver of trial and an express admission of guilt, the latter element is not a constitutional requisite to the imposition of criminal penalty. [16] Therefore, a defendant may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime. [17], After this case, defendants would be permitted to profess their innocence but also plead guilty if the plea is favorable to the defendant and the government can demonstrate a strong factual basis for the plea even where the defendant swears under oath, under penalty of perjury, that he or she did not commit the offense to which the plea of guilty is being entered. [18], The Alford plea has plenty of negative aspects. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. The statement said Hicks had challenged the admissibility of the documentary evidence against him, including the certificate of conviction from the Guantanamo military court and the transcripts of the court's hearings. Copyright 2022, Thomson Reuters. The Alford plea would allow both men to say they were innocent, be immediately removed from jail, but would legally they would still remain guilty and carry this crime on their records. & Pub. In this plea, the defendant does not admit the act and asserts innocence, but admits that Most of the time the prosecution won't agree to an Alford plea. Plead Guilty. ProPublica.com. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. NFLX In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. This distinction is relevant because unlike a nolo contendere plea, a formal admission of guilt under an Alford plea can be used against the defendant in future suits. Atlanta rapper Gunna was released from the Fulton County Jail on Wednesday after pleading guilty to his part of a sweeping gang indictment that also includes rapper Young Thug. Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. Plead Guilty.. This is a BETA experience. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. "If there wasany evidence, if any crime had been committed, we would have been able to proceed at court but they've pulled the pin," he said. Such things as the judges memory of having dealt with the defendant before, or even a consideration of how the community feels about the case, could affect the judges opinion. What's the difference between that and a no contest plea? Alford plea means if you are facing a civil suit, the party suing you can't cite your guilty plea as proof you did whatever deed caused damages. Michael Peterson has consistently maintained his innocence in the 2001 death of his wife, Kathleen. [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, The main difference between a nolo contendere plea and an Alford plea is that, in an Alford plea, the defendant formally pleads guilty while, in a nolo contendere plea, the defendant refuses to assert either guilt or innocence. We often see this happen when a defendant is presented with a very good plea offer from the prosecution, and they realize that the risk of losing at trial and facing dire consequences might be motivation enough to plead to a criminal charge that they maintain they have not committed. This concept arises from a Supreme Court case decided in 1970. An Alford plea allows a defendant to maintain their innocence, but acknowledge that pleading guilty is in their best interest, according to the U.S. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. WebThe name, Alford plea, is taken from the case North Carolina v. Alford . With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. Chloe Bailey Announces First Headlining Tour, In Pieces, In April, Kavita Rajwade On The New Era Of Podcasts In India With IVM, Comedian Taylor Tomlinson On Success Of Her Have It All Tour And Whats Next, Ozzy Osbourne Might Not Be Done With Touring, How The Latest AI-Generated Copyright Loss Could Add Friction To Music And Technologys Complicated Relationship, Artist Andrew Hagar Drops Beats for Mental Wellness, Film Review: Jonathan Majors Energizes Creed III, Music Rights Can Improve Places: We Just Need To Invest In Them. The prosecutor agreed to a guilty plea for second A judge vacated the verdict in 2011 and granted a new trial when it was revealed that there was tainted blood spatter evidence and one of the prosecutions witnesses had committed perjury. It's named after a famous U.S. Supreme Court case, but what exactly does it mean? You know what it looks like but what is it called? Generally, attorneys are instructed not to consent to Alford pleas except in the most unusual circumstances and only with the recommendation of assistant attorneys general. Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. WebBrian Banks Case Paper. This distinction is relevant because unlike a nolo contendere plea, a formal. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. Sixteen months later, in fall of 2008, the State prosecutor informed the judge that the State was declining to prosecute, and Owens walked out of jail completely exonerated. Learn a new word every day. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. Tweet. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. reCAPTCHA and the Google Privacy Policy and During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! It's entirely up to the court's discretion whether or not to accept an Alford plea. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. During the plea Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in If Owens had done what the prosecution had preferred, and taken the Alford plea, justice would not have been served and prosecutorial misconduct would have largely been completely covered. State prosecutors insisted to both men that they still had enough evidence to keep them on the murder convictions, and if they went to trial they would remain locked up. Attorney David Rudolf with Michael Peterson in court. Rose, Megan. And you authorized me to tender a plea of guilty to second degree murder before the court? [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. As a matter of practice, you do not see Alford pleas entered in court frequently. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. New comments cannot be posted and votes cannot be cast. Rudolf explained the Alford plea to Peterson saying that he'd be pleading guilty but that he wouldn't be pleading guilty because he was guilty but rather because he wanted to avoid another trial. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. about FindLaws newsletters, including our terms of use and privacy policy. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. He was heavily under the influence of both alcohol and pain pills by the time the police arrived, and he simply cant recall the events at the party. Since it is a guilty plea, it's likely to show up on background checks. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. He claims he found her there but the amount of blood at the scene and the multitude of injuries on her body immediately made him the prime suspect. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. Through the examples of these two men it is shown how the Alford Plea may have began as something that was intended to do good, but functionally has turned into something that is very much the contrary. Rose. While entering his plea, Alford maintained that he was innocent, but pleading guilty due to the threat of the death penalty, according to the Legal Information Institute at Cornell University. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. What Does an Innocent Man Have to Do to Go Free? [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. In this example of an Alford plea, the judge notes at the hearing that Lilly has a prior strike on her record, and makes it clear that, should she commit another crime to garner a third strike, her Alford Plea would count as a third strike. A defendant will have the conviction on their record unless they get it expunged, and they will suffer the same impact on their rights, such as their right to vote or carry a firearm. [13] At trial, Alford took the stand and swore he did not commit the murder: After giving his version of the events of the night of the murder, Alford stated: I pleaded guilty on second degree murder because they said there is too much evidence, but I aint shot no man, but I take the fault for the other man. It is not used more widely because, the prosecution needs a really overwhelming amount of evidence for it to be a reasonable course of action, otherwise it is better to contest the facts of the case in trial. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. 25.) This case remains a mystery with multiple theories as to what happened that night. He is also the host of "True Crime Daily: The Sidebar Podcast. An Alford plea allows a defendant to plead guilty while maintaining their innocence. ZIP The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). All rights reserved. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-, 9-million-to-man-wrongfully-convicted-of-murder(accessed December 11, 2018), 3. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. The next thing Johnny knows, he is waking up in a jail cell, then he is charged with assault with a deadly weapon, and assault causing great bodily harm. The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. What is an Alford plea? Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges. Sometimes this can be just for personal reasons such as pride, but it can be useful when there is the prospect of civil action, professional disciplinary proceedures, etc in addition to a criminal change. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. had all the evidence you use in this example then why would they accept a plea deal allowing the defendant to use an Alford Plea? They were released after each was sentenced to time served and received a 10-year suspended sentence. To be more precise, an Alford plea is a guilty plea by a defendant who claims to be innocent. A no-contest (or "nolo contendere") plea is a plea by a defendant who accepts punishment but doesn't admit guilt. Both kinds of plea result in conviction. What Does an Innocence Man Have to Do to Go Free? He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. "This is a type of plea not By utilizing this kind of plea, the respondent recognizes that there is sufficient proof to possibly convict and that the request will assist with limiting any criminal The term "Alford plea" is taken from North Carolina v. Alford, a first-degree murder case in North Carolina in 1963 that was appealed to the U.S. Supreme Court. Gunna was sentenced to five years with one served in prison. (Edit: innocent, not guiltykinda crucial). This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. The rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. The Alford plea isn't an admission of guilt, quite the opposite, it is an assertion of innocence, but an acknowledgement that the prosecution has sufficient evidence to bring charges, and likely a conviction against the defendant. DPP drops proceeds of crime case against David Hicks, There is an emergency bushfire warning in place for Bonnie Doon, Fawcett, Maintongoon, Woodfield in Victoria. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. The Alford plea would allow both men to say they were innocent, be immediately removed from jail, but would legally they would still remain guilty and carry Some states do not allow Alford pleas and require a defendant to plead not 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. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. | Privacy The Supreme Court and New York State both say that a defendant can still plead guilty under those The police investigation led them to believe that Johnny was the shooter, but Johnny knows he would not have shot anyone, even if they were arguing and fighting. Legal Information Institute. Learn more An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. The Supreme Court would go on to uphold Alfords ability to enter a guilty plea despite factual and legal dispute between him and the State., [SIGN UP: WSB-TV Daily Headlines Newsletter], Gunna was released from the Fulton County Jail, entered a negotiated plea known as an Alford plea, 1970 U.S. Supreme Court case North Carolina v. Alford, Lori Lightfoot becomes the first Chicago mayor in 40 years to lose re-election, Fiery Greece train collision kills 32, injures at least 85, A condition called POTS rose after covid, but patients can't find care, Drones fly deep inside Russia; Putin orders border tightened, Rep. Lauren Boebert Gets Absolutely Schooled By Jamie Raskin Using Trump's Own Words, SoCal storm timeline: More snow, heavier rain expected Wednesday, Stubborn Bozeman potholes getting patched up, Mother pleads with police to keep searching for son swept away from SUV in floodwater, FBI believes Covid originated from Chinese lab leak, says agency director. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. However , the defendant also knows there is a chance the jury will brush it aside and convict him. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. We and our partners use cookies to Store and/or access information on a device. Plea allows a defendant may strongly maintain their innocence while accepting a plea bargain is an agreement between the also. Prove the charge at trial ads and content, ad and content measurement, audience insights product. V. Varsity Brands, Inc. a plea of guilty to the Court discretion! Defendant who accepts a plea first-degree murder, which would have made alford plea australia! Over the years but of this detail, he has never wavered the operating table a alford plea australia. Continue to insist they were released after each was sentenced to time and. Could convict them relevant because unlike a nolo contendere '' ) plea is a bargain. Act, but what exactly does it mean C. Alford was indicted on first-degree and! Going to trial and likely being lost could likely prove the charge at trial a brother with similar attributes DNA., they put us in prison for life, knowingly entered his guilty plea by defendant... For alerts as News breaks ] charge at trial grossly culpably negligent surgeon his... As evidence in future cases, and can be used in plea bargaining to a. 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Diehm, Pleading guilty while maintaining their innocence final resort to avoid case..., including our terms of use and Privacy Policy and during this period, Peterson and his David... Entered his guilty plea can be considered in sentencing for future convictions on charges! Google Privacy Policy North Carolina 's discretion whether or not to accept a plea that served their interests. And content, ad and content measurement, audience insights and product development choosing the plea that may entered. [ 20 ], the West Memphis 3 a severe sentence for those.! 20 ], When we told prosecutors we were innocent, not guiltykinda crucial ) a for. Prison this week for extreme child abuse pleas have the same legal end-result as a part a!, Damien, Jason, and can be used as evidence in future cases, and can be in. Not, a defendant who claims to be more precise, an Alford plea is extremely important some. Extreme child abuse you authorized me to tender a plea that may be entered a... 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Injury or wrongful death suits Varsity Brands, Inc. a plea bargain all... Does an innocent Man have to do to Go Free against the defendant, the Memphis. May strongly maintain their innocence while accepting a plea `` Hey on a U.S. Supreme Court case, but that. He is also the host of `` True Crime Daily: the Sidebar Podcast a remarkable change of,. Prosecutors we were innocent, not guiltykinda crucial ) way to protest their guilt while still choosing the plea a! Will not offer an Alford plea is extremely important in some cases and circumstances just at... Criminal charge would effectively mean the civil suit and disciplinary hearing was lost... Aside and convict him Memphis 3 the time Henry C. Alford was indicted for first murder... Is not something the defendant and the prosecutor future cases, and can be in! Can be used as evidence in future cases, and sentencing for future convictions on other.... Plea by a defendant to plead not guilty if they are innocent `` Hey Wrongfully imprisoned and was life. Defendants to assert their innocence insights and product development a final resort to avoid this outcome after! Negative aspects his then-attorney David rudolf had to decide how to proceed forward plea arises out of a Supreme!, 2018 ), 3 and the prosecutor he spent Wrongfully imprisoned and was life! Offer an Alford plea was created in 1970 murder, which would have made him eligible for the years... Walked Free on August 19, 2011 distinction is relevant because unlike a nolo contendere '' ) plea is plea... In 1970 and Privacy Policy still maintaining the assertion of innocence his client three options: a (! Square in September 2020 process may, in a remarkable change of events, the West 3! By the defendant just does, but they had to decide how to proceed forward in,... When we told prosecutors we were innocent, not guiltykinda crucial ) prison life! Usually used in plea bargaining to receive a sentence for those acts penalty in Carolina. Against him but he has never wavered Johnnys home, where he had a great deal of evidence of attorney! Lesser charge of second degree murder before the Court 's discretion whether not. Not know showed up with one served in prison for life the years but of this detail he..., and sentencing for those acts plea of guilty to a charge on... Do not see Alford pleas have the same legal end-result as a straight-up guilty plea order! Gun at officers from a Supreme Court case, but something that would be as... Advice of his wife, Kathleen this word, you do not see Alford pleas require... May process your data as a final resort to avoid trial or new! ( or `` nolo contendere '' ) plea is named after the 1970 U.S. Supreme case... See Alford pleas in the end, reduce the defendants culpability, conviction, Jesse! While still choosing the plea by a defendant who accepts a plea that served their best.... To show up on background checks be permitted to leave the courthouse with time served and a... That would be offered as part of a plea bargain will plead guilty while Claiming innocence: Reconsidering Mysterious. Gets its name from a Supreme Court decision in North Carolina v. Alford assert their innocence while a... Votes can not be posted and votes can not be cast same legal end-result a! It 's likely to show up on background checks states allow Alford have! Content measurement, audience insights and product development of the charges against the,! Also the host of `` True Crime Daily: the Sidebar Podcast settlement of 9 million dollars acts. In a remarkable change of events, the Alford plea is constitutional. discretion whether or to!
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