Lytton Man Convicted of OWI 2nd Offense

E-FILED 2013 NOV 10 5:03 AM SAC - CLERK OF DISTRICT COURT

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o'STRicr couRror /ow/. SAC COUNTY

FILED IN THE IOWA DISTRICT COURT FOR SAC COUNTY

2013 NOV 12 AH 9: IQ MAGISTRATE DIVISION rtM 3

STATE OF IOWA, :

Plaintiff MAGISTRATE NO. vs.

Defendant

/I

INITIAL APPEARANCE OWI

On this 1 '•' day of j 20_y?, the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While Intoxicated - y^uSJ offense, being a violation of Section ' j ^ ( T i of the Code oflowa.

The Court advises the Defendant as follows: C-b )

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 attorney present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

2. That he/she is charged with a violation of Section vAfch is classified as: Felony - Class

'ik Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - Minimum days / ) ^ b) % Years Prison j t y V J k C ' f c M ^ ' ^ /* , • c) K And/Or a fine of not less than $ ' YIS or more than Sj±_\___ |i X/C fCoJ j J d) You will lose your licence for a minimum of_C__ days and cannot obtain

a work permit for3C_5_days.

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

5- (a) ^ You will be released from custody prior to trial on your own promise to appear at all further court proceedings. Ifyou willfully fail to appear before any court as required, you shall be guilty of a Glass D tftlony/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes 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 oflowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (Sac City - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368. Sac City. IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 hearing is:

^ Set for the QS^A day of A .M. in the

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at (712) 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 THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing/unpaired, call Relay Iowa TTY at 1-800-735-2942.)

arren L. Bush/Joseph J . Heidenreich, Judicial Magistrate

Copies to:

County Attorney Defendant Sac County Sheriff

SAC COUNTY JUDICIAL MAGISTRATE COURT WARREN L. BUSH, JUDICIAL MAGISTRATE

SAC CITY, IOWA 50583 (712) 662-7791

BOND AGREEMENT

L » ^ r . < \ r ^ w ^ v , (PLEASE PRINT), have been charged with the crime of: o ^ ^ n ^ . r W \ „ - zxl\~X .2.1/0 fV^ X^dttvonke ^ ifltsAcxraaftav'

and promise to appear in the Sac County Magistrate Court i 3.< day of AT /O.ct^M

(CHECK #1 OR #2 1. My appearance bond has been set at and I

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agree to post all of such bond or 10% as allowed in order to secure my release.

/ ] / ( 2. I have been released on my own recognizance pending my 1 appearance at Magistrate Court.

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I 1 understand I have the right to be represented by an attorney. — - n ° o ro F g g

rs - j c

If 1 cannot afford one, one will be appointed for me upon application.

^)-* I understand there are severe penalties for failing to honor this ~<" i ^ . » . v . v « . w . . . . . . _ ^ _ ,

agreement. y 1 understand my failure to appear at the designated date will cause

this agreement to become null and void and a warrant for my arrest will be issued by the Judicial Magistrate.

<.£>

mature of Inn Signature of Inmate

Bond posted by:

Address:

Amount: Dated:

The party who posted the bond agrees that any fines, surcharges, costs, restitution and other amounts owed may be paid therefrom upon disposition. That party further agrees that, if any sums remain, it may be used for repayment of accrued or accruing room and board charges during incarceration in jail.

Signature of Person Posting Bond (Surety)

Received by: Jailer

Clerk of Court/Designee



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ROSS CAMERON LEONARD,

Defendant.

CASE No. OWCR012458

TRIAL INFORMATION

COUNT 1

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 Ross Cameron Leonard (“Defendant”) of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: On or about November 10, 2013, in the County of Sac and State of Iowa, 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; or while having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; or while any amount of a controlled substance is present in the person as measured in the person's blood or urine. Further, the Defendant, on or about March 4, 2004, was convicted of OWI 1ST OFFENSE for the crime Operating While Intoxicated, in Sac County Iowa, District Court Case No. OWCR009641.

A TRUE INFORMATION

_________________________ Benjamin John Smith

Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2013 DEC 04 2:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012458 STATE VS ROSS CAMERON LEONARD

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 2013-12-04 14:48:58 page 2 of 2


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ROSS CAMERON LEONARD,

Defendant.

CASE NO. OWCR012458

ORDER APPROVING TRIAL

INFORMATION AND SETTING

ARRAIGNMENT / BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to

warrant a conviction in a trial by jury, therefore, this matter shall be set for

Arraignment.

IT IS HEREBY ORDERED, the Defendant shall personally appear for

Arraignment at the Sac County Courthouse, District Courtroom, 100 NW State

Street, Sac City, Iowa on the December 16, 2013 at 9:00 a.m. The

Defendant is HEREBY NOTIFIED that failure to appear will result in the

issuance of an arrest warrant.

IT IS FURTHER ORDERED, the Defendant’s bond and conditions for release

from custody in this matter shall be: Bond previously set shall continue and the

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



Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleOWCR012458 STATE VS ROSS CAMERON LEONARD

So Ordered




2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. ROSS CAMERON LEONARD , DEFENDANT.

Case No. 02811 OWCR012458 ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onDecember 10, 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 Joseph Halbur. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on January 28, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 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 maydepose 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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E-FILED 2013 DEC 12 10:17 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY JOSEPH EDWARD HALBUR

2 of 3


State of Iowa CourtsCase Number Case TitleOWCR012458 STATE VS ROSS CAMERON LEONARDType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-12-12 10:18:04

3 of 3


2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. ROSS CAMERON LEONARD , DEFENDANT.

Case No. 02811 OWCR012458 ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onDecember 10, 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 Joseph Halbur. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on January 28, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/13/2014at 09:00 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 maydepose 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 ATTORNEY JOSEPH EDWARD HALBUR

2 of 3


State of Iowa CourtsCase Number Case TitleOWCR012458 STATE VS ROSS CAMERON LEONARDType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-12-12 10:18:04

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E-FILED 2014 MAR 21 1:56 PM SAC - CLERK OF DISTRICT COURT



THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, )

) CRIM. NO. OWCR012458 Plaintiff, ) SCSTA0019168

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) ROSS CAMERON LEONARD, ) Charge - OWI, Second Offense

) Section - 321J.2, Iowa Code Defendant. )

NOW on the 24th day of March, 2014, the defendant submits his verified written Plea of Guilty. The

defendant is charged with Operating While Intoxicated, Second Offense, an Aggravated Misdemeanor, in

violation of Section 321J.2 of the Iowa Code. The State appears by Sac County Attorney, Ben Smith. The

Defendant waives his personal appearance and appears by counsel, Joseph E. Halbur.

The written plea of guilty shows that the defendant's plea is voluntary, being freely and intelligently

made, with an understanding of the charge, with knowledge of the penal consequences of the plea, with full

knowledge of his constitutional rights, and that said rights are waived by a plea of guilty, without any threats,

improper inducements or persuasion, and the Court finds there is a factual basis for the defendant's plea of

guilty.

The written plea indicates the defendant's informed understanding of his rights contemplated in the

cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and State v. Reaves, 254 N.W.2d

488, all as shown in the defendant's written plea of guilty, which plea is made a part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

The defendant indicates his understanding of his right to additional time and the right to file a Motion in

Arrest of Judgment and the necessity of doing so at least five days prior to the date set for sentencing and

indicates his voluntary waiver of those rights and his desire to proceed immediately to sentencing. The Court,

finding the defendant's waivers are voluntary and made with an understanding of his rights, accepts the

waivers and proceeds to entry of judgment. The defendant's counsel indicates he knows of no legal cause why

judgment and sentence should not be pronounced.

The Defendant is adjudged guilty of the offense of Operating While Intoxicated, Second Offense, an

Aggravated Misdemeanor, in violation of Iowa Code Section 321J.2.

The Defendant is sentenced to be committed to the custody of the Director of the Division of Adult

Corrections for a term not to exceed two years. Defendant is given credit for time served, if any, as certified by

the Sheriff. All but the first 7 days of this sentence is suspended. The Defendant shall have this sentence

served in full by September 24, 2014. Defendant may participate in the Sac County Jail Work Release Program.

Defendant may complete 48 hours of this sentence via the Weekend Offender Program.

The Defendant is further sentenced to pay a fine in the sum of $1,875.00, plus a 35% surcharge, a $10.00

D.A.R.E. surcharge, the court costs of this action, including correctional fees as certified by the Sheriff. Defendant


shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov.

Defendant shall pay the balance due by way of a plan of payment developed by his probation officer.

On the suspended portion of the sentence, Defendant is placed on probation to the Sac County Probation

Office for a term of one year from today’s date. Conditions of probation are as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of today’s date to

sign up for probation supervision.

2. Defendant shall pay the balance due by way of a plan of payment to be developed by his

probation officer.

3. Defendant shall obey all laws.

4. Defendant shall abstain from the use of alcohol and controlled substances.

5. Defendant shall not enter any business where 50% or more of the sales of that business

are derived from the sale of alcohol.

6. Defendant shall complete the Drinking Driver’s Course and have proof of completion filed

with the Clerk of Court within one year of today’s date.

7. Defendant shall obtain a substance abuse evaluation and follow through with any

recommendations for treatment.

Any bond money previously posted is released and exonerated.

Appeal bond is set in the sum of $2,000.00.

IT IS FURTHER ORDERED that Case No. SCSTA0019168 is dismissed upon motion of the county

attorney and pursuant to plea agreement. Costs are taxed to Defendant.

COPIES TO: County Attorney Defense Counsel Sac County Sheriff Iowa D.O.T. Sac County Probation Office



Type: OTHER ORDER

Case Number Case TitleSCSTA0019168 SAC CITY vs. LEONARD, ROSS CAMERONOWCR012458 STATE VS ROSS CAMERON LEONARD

So Ordered




Documents

Lytton Man Convicted of OWI 2nd Offense