OWCR012722 - Ottomwa man pleads guilty to OWI 2nd Offense.pdf

SAC COUNTY

14-14494Agency Case Number:

12/28/2014Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

SHEPHERD

Last

JOSHUA

First

RAY

Middle Suffix

700 W ALTAVISTA

Address

OTTUMWA

City

IA

State

52501-0000

Zip Code

9/25/1979

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

5' 11"

Height Weight

BROWN - BRO

Eye Color Hair Color

OFFENDER

State Local

321J.2(2)(B)

Code Section

OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE

Crime Description

AGMS

Class

13 - HIGHWAY/ROAD/ALLEY

Location Type

M054/SIERRA AVE

Literal Description

M54 & HWY 20

Address

SAC CITY

City

IA

State

50535

Zip Code

YES

Is Date and Time of Incident Known?

12/28/2014

Incident Date or Low Range Upper Date Range

16:20

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

operate a motor vehicle while intoxicated 2nd offense

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

operate a motor vehicle while intoxicated 2nd offense

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

On December 28, 2014 I was advised of a traffic complaint of a vehicle westbound on HIghway 20 near N14. I got behind the vehicle near M54 on said Highway. Vehicle turned north on M54 and went off onto the shoulder and correct back across the center line. I initiated my emergency lights to stop said vehicle. I approached the vehicle and made contact with the driver, identified as Joshua Shepherd. Shepherd smelled strongly of alcohol and his eyes were extremely bloodshot. I asked Shepherd out of the vehicle to perform SFSTs. Shepherd performed poorly on these tests and PBT test indicate an alcohol concentration well above the legal limit. Shepherd was transported to the Sac County Jail where he was read Implied Consent and consented to a specimen of his breath. Datamaster resulted in a BAC of .275%.

On December 28, 2014 I was advised of a traffic complaint of a vehicle westbound on HIghway 20 near N14. I got behind the vehicle near M54 on said Highway. Vehicle turned north on M54 and went off onto the shoulder and correct back across the center line. I initiated my emergency lights to stop said vehicle. I approached the vehicle and made contact with the driver, identified as Joshua Shepherd. Shepherd smelled strongly of alcohol and his eyes were extremely bloodshot. I asked Shepherd out of the vehicle to perform SFSTs. Shepherd performed poorly on these tests and PBT test indicate an alcohol concentration well above the legal limit. Shepherd was transported to the Sac County Jail where he was read Implied Consent and consented to a specimen of his breath. Datamaster resulted in a BAC of .275%.

BIEDE, MATT 81-4

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 14-144941 212/29/2014 8:15 AM

E-FILED 2014 DEC 29 8:14 AM SAC - CLERK OF DISTRICT COURT

03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 08 - CRIMEOBSERVED BY OFFICERS

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

04 - FAILED HGN, 03 - BAC OVER LIMIT, 02 - P.B.T. OVER .08, 07 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 08 -BLOODSHOT/WATERY EYES, 06 - ERRATIC DRIVING/TRAFFIC VIOLATIONS, 10 - FAILED WALK AND TURN TEST, 11 - IMPAIRED BALANCE,12 - SLURRED SPEECH, 13 - ALCOHOL ODOR ON BREATH, 14 - FAILED ONE-LEG STAND

OWI

.257%

BAC on DatamasterDCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

2 - SECOND OFFENSE

Number of Offense

OWI

11/6/2005

Date

08901

Criminal Number

WAPELLO

County

Prior OWI Conviction(s)

SAC COUNTY

12/28/2014

DENISE WOLTMANNotary Name Signature of Verifying Party

786032Commission Number

09/11/2017My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 14-144942 212/29/2014 8:15 AM 2 212/29/2014 8:15 AM


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JOSHUA RAY SHEPHERD , Defendant.

Case No: 02811 OWCR012722

ORDER ON INITIAL APPEARANCE

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSEUpon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. The nature of the charge(s) is that it is a: Aggravated Misdemeanor. This charge ordinarily carries a fine of not less than $625 or greaterthan $6250 except in the case of a conviction for second offense operating while intoxicatedwhich carries a minimum fine of $1875 and a maximum of $6250. In these cases a defendant canbe sentenced to up to two years imprisonment. In the case of a conviction for operating whileintoxicated, second offense, there is a minimum seven day jail sentence, and additionally, thedefendant's driver's license shall be revoked for one year unless the revocation is for test refusal inwhich case the mandatory revocation shall be for two years.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs. RECITATION OF RIGHTS: You have the absolute right to remain silent. Anything you say will be used against you. You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt. You have the right to be represented by an attorney and that one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.

MANDATORY SUBSTANCE ABUSE EVALUATION:

1 of 4


You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: New Opportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:

You will be released from custody prior to trial on your own promise to appear at all further courtproceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/Serious Misdemeanor. During your release: You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your license is suspended. You must obey all the laws of Iowa and the United States.

Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release: You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your licens is suspended. You must obey all laws of Iowa and the United States. You must post a bond in the ammount of $. DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST. PRELIMINARY HEARING 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 in this county. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Preliminary Hearing is scheduled on 01/20/2014 at 10:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. in the magistrate courtroom.

2 of 4


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. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE 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 AttorneyDefendantSac County SheriffThe Court has provided a copy to the Defendant

3 of 4


State of Iowa CourtsCase Number Case TitleOWCR012722 STATE OF IOWA VS SHEPHERD, JOSHUA RType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-12-29 11:52:42

4 of 4


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012722 Plaintiff, vs. TRIAL INFORMATION

JOSHUA RAY SHEPHERD,DOB: 09/25/1979 Defendant.

COUNT ICOMES 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, Joshua RayShepherd of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, anAggravated Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Joshua Ray Shepherd, on or about December 28, 2014 in theCounty of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one ormore 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.

And having been convicted of the crime once before; the said Defendant, Joshua Ray Shepherd

having been convicted of the crime Operating While Intoxicated in Wapello County Iowa, in

Wapello County Iowa District Court, Cause No. OWIN016412 on or about February 16, 2006.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2015 JAN 20 12:47 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

THE STATE OF IOWA vs. JOSHUA RAY SHEPHERDCriminal No. OWCR012722COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST,CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMINALISTICS LABORATORY

DEBRA LITTLEJOHN OR DESIGNEE, CLERK OF DISTRICT COURT, WAPELLOCOUNTY IOWA CLERK OF DISTRICT COURT


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012722 STATE OF IOWA VS SHEPHERD, JOSHUA R

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 2015-01-20 12:48:12 page 3 of 3


2RCR21IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs JOSHUA RAY SHEPHERD , Defendant.

Case No: 02811 OWCR012722 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment isscheduled on 01/26/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall: Remain in effect. Defendant shall obey all Federal, State, and Local Laws. Other: Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. JOSHUA RAY SHEPHERD , Defendant.

02811 OWCR012722

ORDER

The District Court Order filed in this matter was entered in error. The hearing scheduled for January26, 2015 in District Court is cancelled.

Arraignment will be scheduled in District Associate Court by separate Order.

1 of 2


State of Iowa CourtsCase Number Case TitleOWCR012722 STATE OF IOWA VS SHEPHERD, JOSHUA RType: OTHER ORDER

So Ordered


2 of 2


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs JOSHUA RAY SHEPHERD , Defendant.

Case No: 02811 OWCR012722 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment isscheduled on 02/04/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

1 of 2


State of Iowa CourtsCase Number Case TitleOWCR012722 STATE OF IOWA VS SHEPHERD, JOSHUA RType: ORDER FOR ARRAIGNMENT

So Ordered


2 of 2


Date: 1/28/2015 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. OWCR012722 vs.

SHEPHERD, JOSHUA RDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________ Date___1/28/2015_____________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. JOSHUA RAY SHEPHERD , DEFENDANT.

Case No. 02811 OWCR012722 O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before February 9, 2015. If any objection is filed on or

before February 9, 2015, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 9, 2015, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

MEDIA COORDINATOR

JOSHUA RAY SHEPHERD

1 of 2


State of Iowa CourtsCase Number Case TitleOWCR012722 STATE OF IOWA VS SHEPHERD, JOSHUA RType: OTHER ORDER

So Ordered


2 of 2


IOWA DISTRICT COURT FOR SAC COUNTY

2015FEB-U MISSTATE OF IOWA,

PLAINTIFF NO. DUXKq7.l2Z.

vs. APPLICATION TO WAIVE

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me.

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

Defendant

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

Plaintiff,

vs. JOSHUA RAY SHEPHERD,

Defendant.

*

* *

* * *

No. OWCRO12722

WRITTEN ARRAIGNMENT PLEA OF NOT GUILTY ProSe

cc I

ir-

»» UD

CO —I

j = o o

-< o

o ' 3 = >

COMES NOW the Defendant in the above-captioned criminal case and under oath states: 1. I have been informed of my right to be represented by an Attorney, and decline to be represented by an attorney and I wish to proceed ProSe.

2. My current mailing and residence addresses and telephone number are:

Address: 7pD W. \)WL 4„P

Telephone:

3.1 can read and understand English language and have completed the following level of education: | 4 i f l \ S c h o o l .

4. I have been advised by the Sac County Attorney and understand that I have a right to arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy of the Trial Information which charges me with the crime of OPERATING WHILE INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 321 J.2 I have read it and I have familiarized myself with it contents.

6. With regard to the name by which I am charged in the Trial Information (either check "a" or check and complete "b"): ( ^ a. The name on the Trial Information is my true name. I have been advised and

understand that I am now precluded from objecting to the Trial Information upon the grounds that I am improperly named.

( ) b. The name shown on the Trial Information is not my true name. My true name is . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had against me by that true name, the Trial Information will be amended accordingly, and when the Trial Information is so amended, I will be precluded from objecting upon the grounds I am improperly named.

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

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

9. I plead NOT GUILTY to the charge in paragraph 5 above.

10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the Trial Information and (check either "a" or "b"):

(*)() a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).

( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of Criminal Procedure. I will be available for trial on the following days: .

STATE OF IOWA) ) SS

SAC COUNTY )

On this y* day of fbbpma./ V , 2015 before my the undersigned, a Notary Public in and for said State, personally appeareu Sesk^g (Qa t Sr\<?pht>^d , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the State of Iowa

Original e-filed Copy to:

Sac County Attorney Defendant

N O R M A D H E C H T Commission Number 740327 MY COMMISSION EXPIRES

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA,

Plaintiff, No. OWCRO12722

vs. *

GUILTY PLEA -AGGRAVATED MISDEMEANOR Count I- OWI 2nd Offense

JOSHUA RAY SHEPHERD, DOB: 09/25/1979,

Defendant. *

•feR >

COUNT I

COMES NOW the Defendant in the above action and states that I have been charged with OPERATING A MOTOR VEHICLE WHILE INTOXICATED - 2 N D OFFENSE, an Aggravated Misdemeanor, in violation of Iowa Code Section 321 J.2, and I hereby request that my plea of guilty to the charge be entered of record.

In support of my guilty plea, I state that I fully understand and have been advised by my attorney ofthe following rights:

That I have the right to proceed with a plea of not guilty and compel the State of Iowa to prove my guilt to the unanimous satisfaction of a twelve-person jury in a speedy and public trial;

That I have the right to remain silent and could not be forced to testify or incriminate myself in any manner; and that if I exercised my right to remain silent; this could not be used against me and the State would be prohibited from commenting on my silence;

That I have the right to be represented by an attorney throughout the entire trial, and if I am unable to afford an attorney, the Court would appoint one to represent me at public expense;

That I have the right to cross-examine all witnesses against me and to present evidence, if any, on my own behalf;

That I am presumed innocent until the State proves, if ever, that I am guilty beyond a reasonable doubt; and

That I have the right to subpoena witnesses to appear and testify on my behalf.

I have also been advised that the above-stated offense is an Aggravated Misdemeanor which carries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine with surcharges of 35% and $10.00 DARE thereon or both; I understand there is a seven (7) day minimum jail sentence; I further understand that the minimum fine is $1,875 plus surcharges of 35% and $10.00; and that I may be required to make restitution of pecuniary damages to any victim of this crime and of court-appointed attorney fees, if any, and pay the court costs. I may

1

be required to attend substance abuse treatment or education classes. In addition, I may be required to pay correctional fees for incarceration and enrollment fees for supervised probation. I have been informed that there may be effects to my license including suspension, revocations and barments because of this plea. I have likewise been informed that other sentencing options may be available to the Court, including but not limited to the deferral of Judgment and Sentence, the grant of probation and the suspension of sentence imposed.

I now state to the Court that I am, in fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: that I operated a motor vehicle (1) while under the influence of an alcoholic beverage or other drug or a combination of such substances; or (2) while having an alcohol concentration of .08 or more; or (3) while any amount of a controlled substance is present in my person as measured in my blood or urine. And that I have a prior conviction of the crime, Operating While Intoxicated. I understand the nature of the charge against me.

This offense was committed by me in Sac County Iowa by my doing the following: I did on or about December 28, 2014 unlawfully operate a motor vehicle while under the influence of alcohol and was intoxicated at the time when I was driving and did have a blood alcohol concentration of .257 (BAC); And having been convicted of the crime Operating While Intoxicated in Wapello Countv Iowa, in Wapello Countv Iowa District Court, Cause No. OWIN016412 on or about February 16, 2006.

there is a factual basis for my plea of guilty and there is no reason why I should not plead guilty.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats have been made against me to obtain this guilty plea. No promises of leniency or favorable treatment have been made, except for any plea agreement disclosed to the Court at the time this Guilty Plea is offered for approval in Court.

I have been advised of my rights as set forth in Count I of this plea.

The plea agreement is: The recommended jail sentence is 364 days in the Sac Countv Jail, with all but the mandatory seven (7) dav jail sentence suspended, with credit for time served of 19 hours and 30 minutes, and jail sentence may be served in 48 hour increments-Defendant may serve the jail sentence in the Wapello County Jail, under the terms and conditions of the Wapello County Sheriff. Defendant may substitute a 48-hour Weekend Alcohol Program for 48 hours jail time. If I choose not to attend the 48 hour Weekend Alcohol Program, then I will have to complete the 12 hour Drinking-Driving Course. I will be placed on Probation to the Sac County Probation Officer for a period of one year from the Judgment entry date. I will pay a fine of $1,875.00, plus a 35% surcharge in the amount of $656.25, a $10.00 DARE surcharge, and court costs: to be paid as approved in the Sac County Standard Probation Agreement. I will follow and complete the recommendations of the Substance Abuse Evaluation I obtained on January 26, 2015 from Sieda Behavioral Health and Treatment Services. I understand that if my license to drive has not already been revoked, for this offense, the Iowa Department of Transportation will revoke my driver's license pursuant to Iowa Code Chapter 32IJ for the statutory period. The Countv Attorney will recommend dismissal of the companion citation STA0022290, with the court costs assessed to the defendant.

2

In admitting guilt, I understand that any plea-bargain agreements with the prosecutor are not binding on the Court.

I have been advised that I have the right to have a future date set for pronouncing judgment and sentence, which cannot be less than fifteen (15) days after the guilty plea is entered, unless I consent to a shorter time. I understand that any challenge to the guilty plea or alleged defects in the plea proceedings must be raised by a Motion in Arrest of Judgment filed no later than forty-five (45) days after the date my pleas is accepted but not less than five (5) days before the date set for pronouncing judgment, and that failure to raise such challenge shall preclude the right to assert them in this Court or on appeal to another Court. I understand that by proceeding directly to sentencing I waive any right I may have to file a Motion in Arrest Of Judgment. This means I will be forever precluded from challenging the guilty plea or any defects in the plea proceedings.

Based on the foregoing, I hereby waive all my legal and trial rights. I request that my guilty plea be accepted and entered on record.

I request sentencing and judgment be pronounced now.

, Joshua Ray Shepherd

STATE OF IOWA ) ) SS

SAC COUNTY )

On this day of ^Qyjj^lM^^l.„ 2015 before my the undersigned, a Notary Public in and for said State, personally appeared ^f lv 'Wl /x j h e ^ A e s c / , to me known to be the identical person named in and^vho executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the State of lowa

N O R M A D H E C H T Commission Number 740027 MY COMMISSION EXPIRES

1

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. JOSHUA R. SHEPHERD, Defendant.

OWCR012722

RECORD OF PLEA OF GUILTY AND SENTENCING ORDER

CHARGE: Operating While Intoxicated, Second Offense, an aggravated

misdemeanor, in violation of Iowa Code § 321J.2

Defendant has filed a written arraignment and written guilty plea and a waiver of Defendant’s right to be present for sentencing. Defendant asks that the plea to the above charge be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. The Court hereby informs Defendant that Defendant’s plea of guilty to the above-referenced charge is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is adjudicated guilty of the crime of Operating While

Intoxicated, Second Offense, in violation of Iowa Code § 321J.2. 2. Defendant is hereby sentenced as follows:

a. Defendant shall pay all of the following financial obligations: (1) a fine in the sum of $1,875.00; (2) a 35% surcharge of $656.25;

(3) a $10.00 DARE surcharge pursuant to Iowa Code Section 911.2;

(4) restitution in an amount to be determined at a later time. The State shall file a statement of pecuniary damages within 30 days of today’s date, or no restitution shall be ordered. Upon filing of such a statement, the amount claimed in the statement shall be considered to be ordered to be paid unless Defendant objects to the claimed amount by filing an objection within 10 days of the filing of the statement. In that event, the Court shall issue an order establishing the restitution amount, with or without a hearing as the Court deems appropriate; and

(5) the court costs of this action.

E-FILED 2015 FEB 05 10:26 AM SAC - CLERK OF DISTRICT COURT

2

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be developed by his probation officer.

b. Defendant shall serve 364 days in the county jail, with all but seven (7) days of the sentence suspended. Defendant shall be given credit for time previously served. The County Sheriff shall designate the appropriate county jail facility. Defendant shall contact the Sheriff's Office of this county within seven (7) days of the filing of this Order to determine the appropriate county jail facility and make the necessary arrangements to complete the unsuspended portion of the jail sentence by May 5, 2015. The 7-day jail sentence may be served in 48-hour installments to accommodate Defendant's work schedule. Defendant may serve the sentence in the Wapello County Jail. Defendant may complete 48 hours of this sentence by completion of the 48-hour weekend offender program. If Defendant does not serve the jail sentence by that date, in addition to Defendant being subject to contempt of court or probation revocation proceedings, upon written request from the Sheriff, the Clerk of Court shall issue a warrant for mittimus of the unsuspended portion of the sentence and such warrant shall issue without further court order. In that event, Defendant’s sentence shall be served continuously and not in 48-hour installments.

In compliance with Iowa Code Section 356.7 (2011), Defendant shall pay fees as later assessed for the room and board provided to Defendant while in the custody of the Sheriff as a result of Defendant’s criminal conviction in this matter. The actual amount assessed will be as set forth in the Room & Board Reimbursement Claim filed with the Clerk by the Sheriff. The amount assessed shall have the force and effect of a judgment for purposes of enforcement. Should Defendant dispute the amount assessed, Defendant has the right to request a hearing on that issue;

c. As a condition of a portion of Defendant’s sentence being suspended, Defendant is placed on informal probation for a period of one (1) year to the Sac County Probation Office (“the Probation Supervisor”) under the terms and conditions the Probation Supervisor deems appropriate. In addition to any terms the Probation Supervisor imposes, the Court specifically imposes all of the following terms of probation:


3

(1) Defendant shall make in-person contact with the Probation Supervisor within seven (7) days of the filing of this Order to sign up for probation and sign any probation supervision agreement requested by the Probation Supervisor. Telephone contact is not sufficient;

(2) Defendant shall obey all laws; (3) Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant does not have a valid prescription. In addition, Defendant is prohibited from being at any location where alcohol or illegal drugs are present, regardless of whether Defendant is actually in possession of or consuming such alcohol or illegal drugs. This prohibition does not prohibit Defendant from being at a public location (e.g., restaurant) where alcohol is served, so long as the primary purpose of the establishment is not the serving of alcohol and Defendant is not consuming or in possession of alcohol at that location; and

(4) Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all required tasks in a timely manner;

d. Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling made as a result of the evaluation, all at Defendant's own expense; and

e. Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 60th day following the filing of this Order, Defendant shall file written proof with the Clerk of Court that Defendant has completed the Drinking Driver's School.

3. The Court grants this sentence because it provides for Defendant’s rehabilitation and the protection of the community. The Court has considered the sentencing recommendation of the parties. 4. Defendant has a statutory right to appeal by filing written notice of appeal with the Clerk of Court of this county within 30 days of the date of these proceedings. If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for appointment of counsel and the furnishing of a transcript of the evidence as provided in Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in


4

the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and failure to comply with these provisions shall preclude Defendant’s right of appeal. 5. Appeal Bond is set in the amount of $5,000.00, cash or surety. 6. Defendant's appearance bond, if any, is exonerated, except as otherwise provided in this Order.

7. IT IS FURTHER ORDERED that Case Nos. STA0022290 is dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defendant County Sheriff Iowa Department of Transportation



Type: OTHER ORDER


So Ordered




Documents

OWCR012722 - Ottomwa man pleads guilty to OWI 2nd Offense.pdf