Guilty Plea and Order Deferring Judgment State v Tamatha Lee Daniel - Carroll, Iowa - Owcr012330

7/27/2019 Guilty Plea and Order Deferring Judgment State v Tamatha Lee Daniel - Carroll, Iowa - Owcr012330

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E-FILED 2013 JUN 20 3:09 AM SAC - CLERK OF DISTRICT COURT


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I N T H E I O W A D I S T R I C T C O U R T F O R S A C C O U N T YM A G I S T R A T E D I V I S I O N

DISTRICT COURl UF SAC COUNTYFILED2013IIIN 20 AM

S T A T E OF I O W A ,Plaintiff M A G I S T R A T E N O .

I N I T I A L A P P E A R A N C EO W IDefendant

O n this f j ( Q L ^ day of J I c h 20/3, the Defendant herein appears before theundersigned Magistrate in and for Sac County, having been charged with the crime of Operating WhileIntoxicated - I ^T offense, being a violation of Section 3 of the Code of Iowa.

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 of Section 331 ~) . \ , which is classified as:Felony - ClassAggravated MisdemeanorSerious Misdemeanor

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

La) .b) .c) .d) .

One Year County Jai l - Mi n i m u m r3\ daysYears Prison _ . . -" A n d / O r a fine of not less than $ / j j O or more than $ f l 7 S - j J S ( i S( C T _ Y ou will lose your license for a minimum of / jffidays and cannot obtain

a work permit for days.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 withthis Court.(a) Y ou wil l be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you w illful ly fai l to appear before any court as required, you shall beguilty of a ClaM D feluny/serious misdemeanor; or(b) ^ (If appropriate) Upon consideration of the factors in Section 811.2, the Court is-notreaaonably-flSWTffrhthflt-yotr-wHI-appear^ theCourt imposes the following conditions on your release:(1) You must not use alcohol or drugs during the pendency of this matter.(2) Y ou must not drive while vour 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 facility ofyour choosing AT Y O U R E X P E N S E with a copy to be sent within30 days to the Sac County Clerk of Court at P.O. Box 368, Sac Ci ty , IA 50583. YO UA R E N O T I F I E D T H A T T H I S IS M A N D A T O R Y , AND Y O U R F A I L U R E TOC O M P L Y W I L L R E S U L T IN I S S U A N C E OF AN A R R E S T W A R R A N T ANDR E V O C A T I O N OF Y O U R P R E T R I A L R E L E A S E .


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6. Defendant is entitled to a preliminary hearing unlesswaived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to apreliminary hearing, the Defendant is informedthat a Grand Jury may indict him/her, or a Tria l Informationmay be filed by the County Attorney of this county.

If a preliminary hearing date has been set, you should contact the county attorney at](712) 662-4791before attending this hearing to determine whether or not itw i l l be held. < '8. IF Y O U H A V E N O T B E E N F I N G E R P R I N T E D A N D P H O T O G R A P H E D F O R T H I SO F F E N S E , Y O U M U S T R E P O R T TO T H E S A C C O U N T Y S H E R I F F ' S D E P A R T M E N T W I T H I N 10 D A Y SF R O M T H I S D A T E TO DO SO. IF D E F E N D A N T H A S NOT P R E S E N T E D T H E M S E L V E S W I T H IN 10

D A Y S F R O M T H I S D A T E , THE SAC C O U N T Y SH E R I F F' S D E P A R T M E N T IS O R D E R E D AT HISC O N V E N I E N C E T O P I C K U P D E F E N D A N T T O B E P H O T O G R A P H E D A N D F I N G E R P R I N T E D .If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district A D A coordinator at (641) 421-0990. (Ifyo u are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.) /} A ) / / 7

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

arren L . Bush/Joseph J. Heidenreich,, Judicial MagistrateCopies to:

-"County Attorneyi DefendantLSac County Sheriff


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IN T HE IOWA DISTRICT COURT FOR Sac

FILED

20I3.IUN26 -H10: 05COUNTY

STATE OF IOWA orPlaintiff/Petitioner,

Defendant/Respondent.

Criminal CivilNO burRoi^o

FINANCIAL- AFFIDAV IT/APPLICATIONFOR APPOINTMENT OF COUNSEL

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:C)


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.TAMATHA LEE DANIEL ,

DEFENDANT.

02811 OWCR012330

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 Petersen, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 JUN 26 12:07 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa Courts

Case Number Case TitleOWCR012330 STATE VS TAMATHA LEE DANIEL

Type: ORDER APPOINTING

So Ordered

Electronically signed on 2013-06-26 12:07:15

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E-FILED 2013 JUN 26 12:07 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA

Plaintiff,

vs.

TAMATHA LEE DANIEL,

Defendant.

Criminal Number OWCR012330

WAIVER OF PRELIMINARY

HEARING

The Defendant, Tamatha Lee Daniel, by and through her attorney, provides written

notice of waiver of preliminary hearing.

___/s/ Robert Peterson____________

ROBERT E. PETERSON, AT0009773

P.O. Box 1144Carroll, IA 51401

Phone: 712-792-4485

Facsimile: 712-792-4124

Email: [email protected]

ATTORNEY FOR DEFENDANT

E-FILED 2013 JUL 09 10:34 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TAMATHA LEE DANIEL,

DOB: 06-07-1975

Defendant.

Case No. OWCR012330

TRIAL INFORMATION

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,Tamatha Lee Daniel (defendant) of the crime of OPERATING WHILE

INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code

Section 321J.2 committed as follows: On or about June 20, 2013, in Sac County and

State of Iowa, defendant did unlawfully and willfully operate a motor vehicle by one

or more of the following means: while under the influence of an alcoholic beverage

or drugs or a combination of such substances; while having an alcohol concentration

of .08 or more as measured in the person's breath, blood or urine; and 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 SmithBenjamin John Smith - AT0008834Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791

Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

OWCR012330 STATE VS TAMATHA LEE DANIEL

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 2013-07-30 16:06:19 page 2 of 2

E-FILED 2013 JUL 30 4:06 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

TAMATHA LEE DANIEL,

Defendant.

Case No. OWCR012330

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

TORY CUDABACK, Deputy, Sac County Sheriffs Office

Michael M. Tate, James A. Bleskacek or Designated Criminalist,CRIMINALIST, Iowa Department of Public Safety



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STATE OF IOWA,Plaintiff,

VS.

TAMATHA LEE DANIEL,Defendant.

CRIMINAL NO. OWCR012330

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:

[X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluationand provide it to the Court. Failure to do so may result in the revocation ofDefendants Pre Trial Release.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATE OF IOWA,Plaintiff,v.

TAMATHA LEE DANIEL,Defendant.

Criminal No. OWCR012330

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 8th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are:02 E 7 th St, Carroll,IA 51401 712-292-83513. I am 38 years old. I can read and understand the English language and have completed the

following level of education:4. I have been advised by the above named attorney and understand that I have a right to

arraignment 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 in violation of Iowa Code section(s)211.2 (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 check"a" or check and complete "b"):Na. 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.[ I b. The name shown on the indictment/trial information is not my true name. My true nameisI 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 AUG 08 6:03 PM SAC - CLERK OF DISTRICT COURT


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. ,011A/*

/o w .

against me by that name, the indictment/trial information will be amended accordingly, andwhen the indictment/trial information is so amended I will be precluded from objecting upon theground I am improperly named.

7. I have been advised and understand that I may plead guilty, not guilty, or former conviction oracquittal.

8. For the purpose of this arraignment, I have had sufficient time to discuss my case with the abovenamed attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge(s) of Operating While Intoxicated10 . I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90

days after indictment/filing of trial information and [check either "a" or "b"]:[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).NA] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

11 . I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will beavailable for trial on the following days:DefendantState of Iowa Carroll County, ss.

Subs4Libed, sworn to, and acknowledged before me by Tamatha Daniel this20 13.ay ofNotary public or other officer authorized to take andcertify acknowledgements and administer oaths.

[seal]ROBERT E. PETERSONCommission Number 758404MY COMM ISSION EXPIRES_ .

MAY 21,

E-FILED 2013 AUG 08 6:03 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.TAMATHA LEE DANIEL ,

DEFENDANT.

Case No. 02811 OWCR012330

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 8, 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 Mr. Robert Peterson.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

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

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E-FILED 2013 AUG 12 9:33 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012330 STATE VS TAMATHA LEE DANIEL

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-12 09:32:58

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STATE OF IOWA, No: OWCR012330

Plaintiff,

vs. ORDER SETTING DATE

TAMATHA LEE DANIEL,

FOR PRETRIAL CONFERENCE

Defendant.IT IS THE ORDER OF THIS COURT:

1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. onthe 10

thday ofSeptember 2013, at the Sac County Courthouse, Sac City,

Iowa, to consider:

a. Possibility of settlementb. Time for trial; andc. Matters to expedite the trial.

2. Cases which are going to be settled if at all possible at or before the pretrial sothat the trial assignment will not be clogged with cases which are not going to

be tried.

3. Defendant shall personally appear.4. If the Pre-Trial Conference time does not work for defense counsel, contact the

County Attorney for another time.

Original filed edms,

Copies by edms to: Benjamin John Smith, Sac County Attorney

Robert E. Peterson, Defendants Attorney



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Type: ORDER FOR PRETRIAL CONFERENCE



So Ordered




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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 surchargeu n l e s s : The Court finds that there has been no personal injury as a result of my actions,a n d The Court fmds that there has been no property damage as a result of my actions,a n d I 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.A. I understand that a criminal conviction, deferred judgment or deferred sentence may affect mys t a t u s u n d e r f e d e r a l im m ig r a t i o n l aw s .B. If I plead not guilty, I would be entitled to the following rights. I give up these rights byp l e a d i ng g u i l ty :(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 to

afford 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 couldn o t i n f e r g u i l t f r o m m y f a i l u r e t o t e s t i f y .(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.

C. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right tot r i a l , a n d w i l l be t r e a t e d a s i f I h ad be e n t r i e d an d f o u n d g u i l t y by a j u r y .D. The Court, in determining whether there is a factual basis for this plea of guilty, may make

such a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who have

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E-FILED 2013 OCT 01 4:09 PM SAC - CLERK OF DISTRICT COURT


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inves t iga ted the of fense, or by asking m e or counsel to reci te and summ arize the mater ia l fac tstha t would be of fered a t t r ia l .The Court has the d iscre t ion to accept or re jec t any plea agreem ent made between the Sta tea n d m y s e l f . T h e plea agreement i s : I w i ll p l e a d gu i l t y to Co u n t I : Ope r a t i ng a M o t o rVehic le W hi le I n tox ica ted l s t O f f en s e . The Co un t y A t t or n ey w i l l r e co mmen d a D e f e r r edJudgment . I w i l l be p l aced on i n fo rma l p roba tion to t he Sac Coun ty P roba tion Of f i ce r f o r aper iod of one y ear f rom the Judgm ent date . I wi l l pay the $1,250.00 c ivi l penal ty , cour t cos ts ,and cour t appoin ted a t torney fees : to be paid as O rdered by the Court . I f I provide proof of at empora ry d r iv ing permi t , the c iv i l pena l ty w i l l be r educed to $625 .00 . I w i l l fo l low therecommendat ion of the Su bstance Abuse Evaluat ion , wh ich was no t rea tment . I wi l l comple tethe 12 hour Pr ime for Life Dr iv ing Course .This plea agreemen t inc ludes tha t I wi l l be responsib le to pay court costs , payment o f a l lcos t s and fees incurred for legal a ss i s t ance , vic t im res t itu t ion , correc t ion ( ja i l) fee for any ja i lt ime and a l l surcharges and mand atory punishments (see paragraph B) applicable to my case.

E . 1 now s ta te to the Court that I am, in fac t GUILTY and tha t no threat s or promises have beenmade to indu ce me to enter my plea of g ui l ty . I have been informed tha t the e lements o f thecrime are: That I operated a motor vehicle (1) while under the influence of an alcoholicbeverage or other drug or a combination of such substances; or (2) while having analcohol concentration of .08 or more; or (3) while any amount of a controlled substanceis present in my person as measured in my blood or urine. I understand the nature ofthe charge against me.This offense was comm it ted by me in Sac County Iowa by my d oing the fo l lowing: I did onor about Ju ne 20, 2013, unlawfully operate a m otor vehicle while under the influence ofalcohol and was intoxicated at the time when I was driving and did have a blood alcoholconcentration of .104 BAC .

I hereby s ta te that I submi t th i s wri t ten p lea of gu i l ty w i th ful l knowledge and waiver of m y r ightsand I do so f r ee ly and vo lun ta r i ly . No th rea t s have been m ade aga in s t me to ob ta in th i s gu i ltyp l e a . N o p r om i s e s o f l e n i e n c y o r f av o r ab l e t re a tm e n t h av e be e n m a d e , e x c e p t fo r an y p l e aagreement d isc losed to the Cour t a t the t ime of th is gu i l ty plea .F . If the Court accepts my plea of guilty, I realize:(1) . T h e C o u r t w i l l s e t a s e n t e n c i n g d a t e n o t l e s s t h an f i f t e e n d ay s a f t e r th e d a t e o f i t saccepta nce of this gui l ty plea un less I waive this right . In order to contest this plea of gui l ty, Imus t f i le a Mot ion in Arrest o f Judgme nt a t leas t f ive days pr ior to senten cing. The r ight tof i le a M ot ion i n Arres t o f Judgment w i l l be wa ived by hav ing the Cour t impose a sen t encetoday.

(2) . I f the Cour t imposes a sen tence today, I wi l l nev er be ab le to cha l lenge th is plea of gui l ty ,and I w ill be giving up m y right to directly appeal my guilty plea.I ask the Court to accept th i s p lea of gui l ty . I waive the preceding r ights and m y r ight to havethe Cour t address me persona l ly .

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, to meknown to be the iden t ica l person named in and w ho execu ted the foregoing ins t rument , and acknowledgedtha t she executed the same of her voluntary ac t and d eed.for sa id Sta te, persona l ly appeared) SS Attorney for Defenda nt , Rober t E. Pe te rsonWAIVER OF MOTION IN ARREST OF JUDGMENTI f the Court accepts my p lea of gui l ty , I wish to be sen tenced now . I unders tand that :1 . In order to contes t th is p lea of gui l ty , I must f i le a Mot ion in Arrest o f Judgmen t no la tert h a n 45 d a y s a f t e r a p l e a o f gu i l ty a n d n o l a t e r t h a n 5 d a y s p r i o r t o p ro n o un cem en t o fjudgmen t , and that the Court wi l l se t a sen tenc ing date not l ess than f i f t een day s af te r thedate of i t s acceptan ce of th is gui l ty p lea un less I wa ive this r ight , and th e r ight to f ile aMotion in Arres t o f Judgmen t wi l l be waived by having the Cour t impose a sentence n ow.2 . By havin g the Cour t impose my sentence n ow, I wi l l never be able to cha l lenge th is plea ofguilty and I will be giving up m y right to directly appeal my guilty plea.I hereby request the Court sentence m e now an d I waive an y t ime to which I may be en t i t ledfor sentencing a t a la ter da te .WAIVER OF RIGHT TO BE PRESENTI have been ful ly advised that I have a cons t i tu t ional r ight to be presen t a t my sen tenc ingand presen t evidence in my ow n behal f . I unders tand that i t i s my choice to be presen t or not , andtha t no one can exclude me f rom sentencing.W ith the above in mind , and fur ther unders tanding that my dec i s ion w hether to be presen tor not i s my ow n dec i s ion , I hereby know ingly and voluntar i ly waive the r ight to be presen t a t mysentencing.STATE OF IOWASAC COUNTYOn this d a y o f) 1 2013 before mende r s igned , a No tary Publ ic in and

Notary Public in and for the Sta te of Iowa

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1


STATE OF IOWA,

Plaintiff,

No. OWCR012330

vs. ORDER DEFERRING JUDGMENT

TAMATHA LEE DANIEL,

Defendant.

COUNT I

Be it remembered that the State appears by Sac County Attorney Benjamin John Smith,

and Defendant is represented by Attorney at Law Robert E. Peterson.

The Defendant having previously filed herein a Waiver of Rights and Appearance Plea of

Guilty to the said offense, which plea contained statements by Defendant pursuant to the

requirements of State v. Sisco, 169 N.W.2d 542 and Brainard v. State, 222 N.W.2d 711.

Defendants guilty plea is accepted. In entering her guilty plea the Defendant acknowledged

awareness of her rights and that the plea was voluntarily entered. Defendant waived additional

time for sentencing and acknowledged that she would not be in a position to file a motion in

arrest of judgment if judgment was imposed immediately and that Defendant still wished to have

sentence pronounced at this time. The Defendant has plead guilty to the crime of OPERATING

A MOTOR VEHICLE WHILE INTOXICATED 1ST OFFENSE, a Serious Misdemeanor,

in violation of Iowa Code Section 321J.2.

IT IS ORDERED that the entry of judgment and pronouncement of sentence is deferred

and Defendant is placed on informal probation to the Sac County Probation Officer for a period

of one year, and during such probation period, Defendant shall abide by all the terms and

conditions of the probation as set forth on the Probation Agreement. Upon successful

completion of probation, Defendant shall be discharged without imposition of sentence orjudgment. Defendants probation shall be subject to the following terms and conditions:

1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac

County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9, 2nd

Floor, Sac City, Iowa, 50583.

a. Defendant shall obey all Federal, State, and local laws and ordinances.

b. Defendant is Ordered to report any new arrests, to the Sac County Probation Officer

within seven days of the arrest date.

c. Defendant shall abstain from the use of illicit drugs and alcohol during hisprobationary period.

d. Defendant shall timely pay all amounts ordered by this Judgment.2. Defendant shall pay a Civil Penalty to the State Court Administrator in the amount of

$1,250.00; to be paid as ordered by the Court. If Defendant provides proof that she has

E-FILED 2013 OCT 02 7:21 AM SAC - CLERK OF DISTRICT COURT


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2

obtained a temporary license work permit to drive, then the Civil Penalty is reduced to

$625.00.

3. Defendant shall pay court costs in the amount of$100.00 and other fees; to be paid as ordered

by the Court.

4. Defendant shall pay court appointed attorney fees in the amount of $400; to be paid as orderedby the Court.

5. Defendant shall (at her own expense) complete a 12-hour Prime for Life course or

similar program within six (6) months of this date.

6. Defendant has submitted to a substance abuse evaluation and the results are on file with the

Clerk of Court, dated July 11, 2013 from New Opportunities. Defendant shall abide by all

recommendations of the evaluation including inpatient or other treatment if recommended.

7. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to

any change in address until all obligations of this case have been completed.

8. If the Defendants license has not already been revoked, for this offense, the Department of

Transportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J.

9. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment

by paying $75.00 per month to the Sac County Clerk of Court with payments to begin on

the 1st day of the month following this order and shall continue on the 1st day of each

month until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF

THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advisedthat if one payment is missed, the entire obligation becomes immediately due.

IT IS FURTHER ORDERED that bond previously set in this matter is exonerated.

Defendant having appeared, any balance of appearance bond is released after application to fine,

surcharge, court costs, attorney fees, and restitution.

Original filed, Copies to: County Attorney

Defendants Attorney, Robert E. PetersonDepartment of Transportation

Court Administrator



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Type: ORDER FOR JUDGMENT



So Ordered



Documents

Guilty Plea and Order Deferring Judgment State v Tamatha Lee Daniel - Carroll, Iowa - Owcr012330