Bellevue Man Pleads Guilty to OWI 1st Offense

8/13/2019 Bellevue Man Pleads Guilty to OWI 1st Offense

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E-FILED 2013 AUG 20 4:51 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,

vs.

RONALD EUGENE LUCIOUS , Defendant.

Case No: 02811 OWCR012400

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1,250.00 or more than $1,875.00 plus 35 % surchargeand court costs

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt.

5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or

(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release:

(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST

WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 09/09/2013 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND

FINGERPRINTED.If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendant

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Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012400 STATE VS RONALD EUGENE LUCIOUS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-21 15:06:53

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I N T H EI O W A D I S T R I CTC O U R T FOR Sac

FILED2 13AUG28 AHI :

C O U N T Y

S T A T E O FI O W Aor

vs.Plaintiff/Petitioner,

Defendant/Respondent

^j C Criminal Civil q r c K O T r o4-STYv3gtlZ5


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.RONALD EUGENE LUCIOUS ,

DEFENDANT.

02811 OWCR012400

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Robert Peterson, a contract attorney, is appointed.

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Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012400

Plaintiff,

vs. TRIAL INFORMATION

RONALD EUGENE LUCIOUS,DOB: 07/18/1954 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,

Iowa, and in the name and by the authority of the State of Iowa, accuses Defendant,

Ronald Eugene Lucious of the crime ofOPERATING WHILE INTOXICATED, FIRST

OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2 committed

as follows:

The said Defendant, Ronald Eugene Lucious, on or about August 20, 2013, inthe County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicleby one or more of the following means: a. While under the influence of an alcoholic beverage or drugs or a combination of

such substances;

b. While having an alcohol concentration of .08 or more as measured in the person's

breath, blood or urine;

c. While any amount of a controlled substance is present in the person as measured

in the person's blood or urine.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

OWCR012400 STATE VS RONALD EUGENE LUCIOUS

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2013-09-23 15:10:39 page 2 of 2

E-FILED 2013 SEP 23 3:10 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,Plaintiff,

VS.

RONALD EUGENE LUCIOUS,Defendant.

CRIMINAL NO. OWCR!"#

ORDER SET ARRAIGNMENTAND APPROVE $OND

T%e TRIAL INFORMATION and t%e MINUTES OF EVIDENCE in t%i& 'atte(

%a)e *een e+a'ined and f-nd t ntain &-ffiient e)idene, if -ne+/lained, t 0a((anta n)itin in a t(ial *1 2-(1, t%e(ef(e, t%i& 'atte( &%all *e &et f( A((ai3n'ent.

IT IS ORDERED, t%e Defendant &%all /e(&nall1 a//ea( f( Arraignmentat t%eSa C-nt1 C-(t%-&e, Di&t(it C-(t(', Sa Cit1, I0a n t%e 8thda1 f October2!"at #$ a%m%%

T%e Defendant i& ad)i&ed t%at fail-(e t a//ea( 0ill (e&-lt in t%e i&&-ane f ana((e&t 0a((ant.

IT IS FURT&ER ORDERED, t%e Defendant4& *nd and nditin& f( (elea&ef(' -&td1 in t%i& 'atte( &%all *e5

Defendant i& (elea&ed n /e(&nal (e3ni6ane.$nd i& &et in t%e a'-nt f 78888888888888888.$nd 'a1 *e -n&e-(ed.$nd '-&t *e a&% ( &e-(ed in t%e a'-nt f t%e $nd.!9 a&% 'a1 *e /&ted.

'on( )re*io+-. et ha-- contin+e%Cle(: f C-(t &%all i&&-e a &-''n& f( Defendant t A//ea(.Cle(: f C-(t &%all i&&-e an a((e&t 0a((ant.Other Con(ition o/ Re-eae$

De/en(ant ha-- obe. a-- Fe(era-, State, an( Loca- -a0%T%e Defendant &%all %a)e n ntat 0it% t%e )iti' ( an1 0itne&& &et

f(t% in t%e 'in-te& f e)idene in t%i& 'atte(.T%e Defendant &%all *e n /(e;t(ial &-/e()i&in t t%e Send


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWAPlaintiffv

RONALD EUGENE LUCIOUSDefendant

Criminal No. OWCR012400

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oathstates:

1 I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108West 8 t St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2 My current mailing and residence addresses and telephone number are: 012 Chandler RdPO Box 573 Bellevue NE 68005 402-686-7192

3 I am 59 years old. I can read and understand the English language and have completed thefollowing level of education: 3 y s

4 I have been advised by the above named attorney and understand that I have a right toarraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign thiswritten arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing thiswritten arraignment and plea of not guilty.

5 I have received a copy of the indictment/trial information which charges me with the crime(s) ofOperating While Intoxicated First Offense in violation of Iowa Code section(s) 21J.2

(2013). I have read it, and I have familiarized myself with its contents.

6 With regard to the name by which I am charged in the indictment/trial information (either checka or check and complete b ):

[ X ] a. The name shown on the indictment/trial information is my true name. I have beenadvised and understand that I am now precluded from objecting to the indictment/trialinformation upon the ground I am improperly named.] he nam e sho4an o the indictment/trial information is not my true name. My true name

is tit52 d 6 Jed cioar I request that an entry be made in the minutesshowing my true name. I have been advised and understand further proceedings will be had

E-FILED 2013 SEP 30 11:59 AM SAC - CLERK OF DISTRICT COURT


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Notary publicublic r other officerauthorized to takeandcertify acknowledgements and administer oaths.

against me by that name, the indictment/trial information willbe amendedaccordingly, andwhen the indictment/trialinformation is so amended I will be precludedfrom objectingupon thegroundI am improperlynamed.

7 I have been advisedand understand that I may plead guilty, not guilty, or formerconviction oracquittal.

8 For the purpose of this arraignment, I have had sufficient timeto discuss mycase withthe abovenamed attorney, andI waive any further time in which to enter a plea.

9 Iplead NOT GUILTY to the charge(s) of Operating While Intoxicated First Offense10 I have been advised andunderstand that I have arightunder rule 2.33(2)(b) t a trial within 90

days after indictment/filing of trial informationand [check either a or b ]:[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).[ X] b. I waive myright to a speedy trial pursuant to rule 2.33(2)(b).

11 I request that a trial date bepromptly set pursuant to rule2.9. My attorney and I will beavailable fortrial on the following days: LADefendant

Stateof Iowa Carroll County, ss.Subscribed, swornto, and acknowledged before meby Ronald Lucious this L, ay of

2013.

emsrosewow s6 60...6 d60I R E G O R Y B C O Y L EI e ne ra l N o t a ry I t a t e o f N e b ra s k aI y C o m m i s s io n E x pire s De c 1 2 201 8e w e e n e e m i r l e e m e m o s o m p[seal]



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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.RONALD EUGENE LUCIOUS ,

DEFENDANT.

Case No. 02811 OWCR012400

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 30, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Robert Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on November 5, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may

depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.RONALD EUGENE LUCIOUS ,

DEFENDANT.

Case No. 02811 OWCR012400

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 30, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Robert Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on November 5, 2013, at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may

depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

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Type: ORDER SETTING TRIAL

So Ordered


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I N T H E IO W A D I S TR I C T C O U R T IN A N D F O R S A C C O U N T YSTATE OF IOWA, o . OWCR012400Plaintiff

GU ILTY PLEA-Count IVS. E R IO U S M I S D E M E A N O R - O W IRONALD EUGENE LUCIOUSDO B: 07/18/1954, Defendant.

C O U N T II, the und ersigned D efendant, have carefully re ad and fully understand the following:

I am charged w ith OPERATING A MOTOR VEHICLE WHILE INTOXICATED 1STOFFENSE in violat ion of Iow a Cod e Se ct ion 321J.2 , a Ser ious M isdemeanor , and I h erebyrequ est that my p lea of guilty to the charge be entered of reco rd.A. Th e maximum p unishment for a Serious M isdeme anor is imprisonment of not more than oneye ar in jail and a mandatory fine of not mo re than 1,250 .00, plus statutory surch arge s, pluscourt co sts and all costs and fees incurred for legal assistance w hich is imme diately du e on thedate of sentencing unless a payment plan has bee n approve d by the cou rt within thirty days o fthe Judg ment. I realize that, if there w as no pe rsonal or prope rty injury, and I p resent to theCo urt a temporary res t ricted l icense , the C ourt may waive up to 625 of the f ine and therelated statutory surcharge. I acknowledge that the Court may order me to performcom munity serv ice wo rk, if the Cou rt is of the o pinion that comm unity serv ice wo rk w ill deter

and discourage o thers from similar criminal activity. The comm unity se rvice mu st be done fora gov ernme ntal o r non-prof it agency . (Th e rate at w hich co mm unity se rv ice sh all becalculated against my fine shall be the fed eral minimum w age.) In addition, I may be re quiredto pay correctional fees for incarceration and enrollment fees for probation. I am aware thatsentencing o ptions may include deferral of Judg ment and Sentence, the grant of probation andthe suspension of the sentence imposed. There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposedunless I am eligible for a deferred jud gme nt, or de ferred se ntence. The Court must orde r me to attend a course for drinking drivers. Th e Co urt must order m e to undergo a substance abuse evaluation and to follow therecommendations. The Cou rt may ord er m e to p articipate in a reality e ducation substance abuse p reve ntionprogram. The Cou rt may ord er re stitution to any victim of my o ffense. In add ition, the Cou rt mayorde r rest itution up to 500 each to any public agency (fire-fighting, law e nforceme nt,ambulance , me dical or any other em ergency services) , which responded as a result of myviolation.

E-FILED 2013 DEC 08 7:54 PM SAC - CLERK OF DISTRICT COURT


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Unless the Department of Transportation has already revoked my license or drivingprivileges, I understand my license or driving privileges will be revoked a minimum of 180days . I understand that there can be no deferral of judgment or sentence or suspension of anymandatory minimum sentence of incarceration and no suspension of any other part of mysentence not involving incarceration if

I tested over .15 ; or I refused an implied consent test; or I have been convicted of OWI or received a deferred judgment or sentence for

OWI in Iowa or any other state; or If another person was injured by this OWI offense.

I understand that there can be no reduction of my fine and the related statutory surchargeunless :

he Court fmds that there has been no personal injury as a result of my actions,and

he Court fmds that there has been no property damage as a result of my actions,and present a temporary restricted license within the time ordered by the Court.

I understand I must complete a substance abuse evaluation at my own expense before Ican be sentenced. I will provide the evaluation to the Court before I am sentenced.

B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect mystatus under federal immigration laws.

C. If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1) . The right to a speedy and public trial by a jury of twelve people.(2) . The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3). At trial, I would be presumed innocent until such time, if ever, the State established myguilt beyond a reasonable doubt.(4) . At trial, a jury verdict of guilty would have to be unanimous.(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced totestify, and if I choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.(6). At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7). At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right totrial, and will be treated as if I had been tried and found guilty by a jury.

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E . Th e C ourt , in determining w hether there is a factual basis for this plea of guilty, m ay makesuch a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinve stigated the o ffense, or by asking me or cou nsel to recite and sum marize the material factsthat wou ld be offered at trial.Th e C ourt has the d iscretion to acce pt or reject any plea agreem ent made betw een the S tateand myself . The plea agreement is : I will plead to Cou nt I : Ope rating a M otor Veh icleW hile Intoxicated , Offense. The C ounty Attorney w ill recom mend a De ferred Judg ment. Iw ill follow the recom mendation of the S ubstance A buse E valuation, which I w as ordere d bythe Court to obtain. I will be placed on probation to the Sac County Probation Officer for aperiod of one y ear from the Judgm ent date . I w ill pay a Civil Penalty , to the State C ourtAd ministrator, in the amo unt of 1,250.00 . and c ourt appointed attorney fees: to be paid asOrde red by the Co urt. If 1 obtain a tem porary re stricted license the C ivil Penalty w ill bereduc ed to 625.00. w ill complete a 12-ho ur Prime for Life co urse or similar programwithin six (6) months of this date.This plea agreement includes that I will be responsible to pay court costs, payment of all costsand fees incurred for legal assistance, v ictim re stitution, correc tion (jail) fee for any jail timeand all surcharge s and mandatory punishme nts (sec paragraph B) applicable to my case.F. now state to the Co urt that I am, in fact GU ILTY and that no threats or p romises have beenmade to induce me to e nter my plea of guilty. I have be en informe d that the e lements of thecrime are: I operated a m otor vehicle 1) while under the influence of an alcoholicbeverag e or other drug or a combination of such substances; or 2) while having analcohol concentr ation of .08 or m ore; or 3) while any am ount of a controlled substanceis present in m y person a s mea sured in m y blood or urine. I understand the nature ofthe charge against m e.This offense was comm itted by m e in Sac County Iow a by my d oing the following: I did onor about Au ust 20 2013 un lawfull o erate a m otor vehicle while under the influenceof a controlled substance, Marijuana , and I was intoxicated at the tim e when I wasdriving. And I did have a positive screen for M arijuana M etabolites in my u rine, whichexceeds the threshold level of 58 n meets or exceeds the OW I threshold levelsestablished by the Iowa Adm inistrative C ode 661-157.7 321J ) .

I here by state that I submit this w ritten plea of guilty w ith full knowledg e and w aive r of my rightsand I do so freely and v oluntarily. No threats have been m ade against me to obtain this gu iltyplea. No prom ises of leniency or favorable treatment have been m ade, exce pt for any pleaagreem ent disclosed to the Cou rt at the time of this guilty plea.G . If the Cou rt accepts my plea of guilty, I realize:(1) . The C our t will set a sentencing d ate not less than f if tee n days after the date of i tsacceptance of this gu ilty plea unless w aive'this 'righ t. In ord er to co ntest this plea of gu ilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Mo tion in Arrest of Judgm ent will be w aived by h aving the Co urt impo se a sentencetoday.

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(2). If the C ourt impos es a sentence today , I will neve r be able to challenge this plea of guilty,and I w ill be giving up my right to directly appeal my g uilty p lea.I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have

the Co urt address me personally.W A I V E R O F M O T I O N I N A R R E S T O F J U D G M E N TIf the C ourt accepts my plea of guilty, 1 w ish to be sentenced now . I understand that:

1 . In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no laterthan 45 days after a plea of guilty and no later than 5 days prior to pro nounce me nt ofjudgment, and that the Court will set a sentencing date not less than fifteen days after thedate of its acce ptance of this guilty p lea unless I w aive this righ t, and the right to file aMotion in A rrest of Judgm ent will be waived by having the C ourt impose a sentence now .2 . By h aving the C ourt impose my sentence now , I will neve r be able to ch allenge this plea of

guilty and I w ill be giving up my right to directly appeal my g uilty p lea.I hereby req uest the Court sentence me now and I waive any time to which I may be entitledfor sentencing at a later date.

W AIVER OF RIGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencingand prese nt evidence in my ow n behalf I understand that it is my choice to be prese nt or not, andthat no one can exclude m e from se ntencing.With the above in mind, and further understanding that my decision whether to be presentor not is my ow n decision, I he reby k now ingly and voluntarily waive the r ight, to be pre sent at mysentencing.Ronald Euge t - Lucious, Defendant

Robe y. Peterson, De fendant's AttorneyST A T E O F IO W A

SSS A C C O U N T YOn this ay of bac /L (404e 2013 be fore me the undersigned, a N otary Public in andfor said State, personally appeared R on a\ . 1 c G u y , to meknown to be the identical person named in and who executed the foregoing instrument, and acknowledgedthat he executed the same of his voluntary act and deed.

M I C H E L E L . H A T C H E RGeneral Notary

State of Nebraskay Commission Expires Aug 16, 2015

No tary Public in and for the S tate of Iow a

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1

IN THE IOWA DISTICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. OWCR012400

Plaintiff,

vs.

ORDER DEFERRING JUDGMENT

RONALD EUGENE LUCIOUS,

DOB: 07/18/1954,

Defenant.

COUNT I

B! "# R!$!$B!R!D t%at t%e a&ove entitle 'atte( )o'es &efo(e t%is Co*(t. #%e +tate

aea(s &- +a) Co*nt- tto(ne- Bena'in o%n +'it%, an Defenant is (e(esente &- an

aea(s &- tto(ne- at a Ro&e(t !. Pete(son.

#%e Co*(t fins Defenant %avin3 (evio*sl- file %e(ein a Waive( of Ri3%ts an

ea(an)e Plea of *ilt- to t%e sai offense, %i)% lea )ontaine state'ents &- Defenant*(s*ant to t%e (e*i(e'ents of +tate v. +is)o, 169 N.W.2 542 an B(aina( v. +tate, 222

N.W.2 711. #%e Defenant %as lea 3*ilt- to t%e )(i'e of OPERATING A MOTOR

VEHICLE WHILE INTOXICATED 1ST OFFENSE, a +e(io*s $ise'eano(, in violation

of "oa Coe +e)tion 21.2.

Defenants 3*ilt- lea is a))ete. "n ente(in3 %is 3*ilt- lea t%e Defenant

a)nole3e aa(eness of %is (i3%ts an t%at t%e lea as vol*nta(il- ente(e. Defenant

aive aitional ti'e fo( senten)in3 an a)nole3e t%at %e o*l not &e in a osition to file

a 'otion in a((est of *3'ent if *3'ent as i'ose i''eiatel- an t%at Defenant still

is%e to %ave senten)e (ono*n)e at t%is ti'e.

IT IS ORDEREDt%at t%e ent(- of *3'ent an (ono*n)e'ent of senten)e is deferredan Defenant is la)e on (o&ation to t%e +a) Co*nt- P(o&ation Offi)e( fo( a e(io of one

-ea(, an *(in3 s*)% (o&ation e(io, Defenant s%all a&ie &- all t%e te('s an )onitions of

t%e (o&ation as set fo(t% on t%e P(o&ation 3(ee'ent. on s*))essf*l )o'letion of (o&ation,

Defenant s%all &e is)%a(3e it%o*t i'osition of senten)e o( *3'ent. Defenants

(o&ation s%all &e s*&e)t to t%e folloin3 te('s an )onitions:

1. Defenant, it%in 72 %o*(s of t%is *3'ent, s%all si3n a P(o&ation 3(ee'ent it% t%e +a)

Co*nt- P(o&ation Offi)e( at t%e +a) Co*nt- Co*(t%o*se, 100 NW +tate +t(eet, +*ite 9, 2n

;loo(, +a) Cit-, "oa, 5058.

a. Defenant s%all o&e- all ;ee(al, +tate, an lo)al las an o(inan)es.

&. Defenant is O(e(e to (eo(t an- ne a((ests, to t%e +a) Co*nt- P(o&ation Offi)e(it%in seven a-s of t%e a((est ate.

). Defenant s%all a&stain f(o' t%e *se of illi)it (*3s *(in3 %is (o&ationa(- e(io.. Defenant s%all ti'el- a- all a'o*nts o(e(e &- t%is *3'ent.

E-FILED 2013 DEC 12 10:32 AM SAC - CLERK OF DISTRICT COURT


29/30

2

2. Defenant s%all a- a Civil Penalt- to t%e +tate Co*(t 'inist(ato( in t%e a'o*nt of


30/30


Type: ORDER FOR JUDGMENT



So Ordered


E-FILED 2013 DEC 12 10:32 AM SAC - CLERK OF DISTRICT COURT

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