Sac City Man Pleads Guilty to OWI 2nd Offense

E-FILED 2014 JAN 23 1:41 AM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA

Plaintiff

vs

JOSEPH ADAM CRABB Defendant

Case No. 02811 OWCR012487

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:OWI 2ND OFFENSEin violation of Section(s) 321J.2(2)(b) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on02/03/2014 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.

/s/ SHELLEY BASS

CLERK OF DISTRICT COURTSAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).


IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.OWCR012487

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

JOSEPH ADAM CRABB. )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box

392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on

behalf of the above-named defendant and on behalf of the defendant, waives preliminary

hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE LAW FIRM, L C

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715

Fax: (712) 662-4884

Original filed

Copy to: County Attorney


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. JOSEPH ADAM CRABB , Defendant.

Case No: 02811 OWCR012487

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSEThe appearance was by attorney Charles Schulte. He shall review this document with his client. 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 canand 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 days 2 Years Prison And/Or a fine of not less than $1,875 or more than $6,250 plus 35% surcharge and courtcosts You will lose your license for a minimum of 365 days and cannot obtain a work permit forundetermined days. 1 of 3

E-FILED 2014 FEB 03 9:31 AM SAC - CLERK OF DISTRICT COURT

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 ARRESTWARRANT 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 at : AM at the . 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 ANDFINGERPRINTED. 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 DefendantDefendantSac County Sheriff 2 of 3


State of Iowa CourtsCase Number Case TitleOWCR012487 STATE VS JOE ADAM CRABBType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-03 09:32:56

3 of 3


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012487 Plaintiff, vs. TRIAL INFORMATION

JOSEPH ADAM CRABB,DOB: 01/06/1964 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, Joseph Adam Crabb

of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated

Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Joseph Adam Crabb, on or about December 13, 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:

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 Defendant having been convicted of the crime once before; the said Defendant, Joseph

Adam Crabb having been convicted of the crime of Operating While Intoxicated in Calhoun

County Iowa, in Calhoun County District Court Cause No. OWCR504078, on January 19, 2010.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting 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 2014 FEB 11 12:40 PM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

THE STATE OF IOWA vs. JOSEPH ADAM CRABB WITNESS LISTCriminal No. OWCR012487COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

LOREN HOTT, OCCUPATION UNKNOWN

ROBERT MONSERRATE, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETYDCI CRIMINALISTICS LABORATORY

DOCTOR HUGH LEIGH, ATTENDING PHYSICIAN, LORING HOSPITALEMERGENCY ROOM

DONNA GEERY, CLERK OF COURT, CALHOUN COUNTY IOWA CLERK OFDISTRICT COURT


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012487 STATE VS JOE ADAM CRABB

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 2014-02-11 12:40:57 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs JOSEPH ADAM CRABB , Defendant.

Case No: 02811 OWCR012487 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 Hearing isscheduled on 02/19/2014 at 11:00 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



Type: ORDER FOR ARRAIGNMENT


So Ordered


IN THE IOWA DISRICT COURT FOR SAC COUNTY

STATE OI. ' IOWA. CRIMINAL NO OWCROI2187

WRITTEN ARRAIGNMENT.

PLEA OF NOT GUILTY

Date Trial lnlbrmation filed:

Vs .

JOSEPH ADAM CILABB

Del-endant

COMES NOW the Defendant in the above-captioned criminal case and under oath states:

l. I am represented b"v Attorncy Charles A. Schultc. whose address and phone number arc'121 Main St. . PO Box 392. Sac Cit i . IA. 50583; (712) 662-4715.

2. My current mailing ancl resiclence address and phonc numher arc 500 N. 5'r'St , Sac

City. IA 50583. Ml phonc number is: 717-660-0624.. My date of bir th is 01-06-1964 1

can read and understand the English language and have completed the following level of

cducation: l2 Years.

4. I havc been advised b_v m! attomc) and understand that I have a right to arraignment

in open Court. and I voluntarily r.vaive that right. choosing instead to sign this Writtcn

Arraignment and Plea of Not Guilty. I understand that timcs for lurther proceedings

which are cornputed from the datc of arraignment u'ill be computed from the date of

filing this Written Arraignment and Plea of Not Gr-rilty.

5. I have recciVed a copy of the Trial Information $'l.rich char^ges me with the crime of

COUNT I: OPERATING WHILE INTOXICATED _ 2ND OFFENSE iN ViOIAtiON Of

Iowa Code Sect ion 321J.2.

6. With regard to the nar.ne by rvhich I am charged in the Trial Information (either check

"a" or check and cornPlete "b") :'.,/.

t V{lne natlle on the Trial lnforrnatio' is m,v true name. I have been advised

and undeistand that I am r.row precluded from objecting to the Trial Infbrmation upon the

ground that I am irr.rproperl-v r.ramed.

( )b. l he namc shown on the Trial Information is not my true name. My true

name is. I request that an entl'y be madc in the minutes showing my true name l have

been advised and undclstand funher proceedings will be had against me by that name.

thc Trial Inlbrmation u'ill be amendcd accordingly. and when the Trial Information is so

amende<l. I rvill be precluded fror.n obiecting upon the grounds I am improperly named.

7. I have been aclvised and understand that I may plead guilty. not guilty or former

conviction or acquittal.


8. For the purpose of this arraignmcnt, I have had sufficient tin,e to discuss my case withm)'attorney. and I u'aive anl lurther time in which to enter a plea.

9. I plead NOT (;UILTY to the charges in paragraph 5 abovc.

10. I har"e been advised and understand that I have a right under Rule 2.33(2)(b) ofthcIova Rule.t o/ ('riminul Procedure to a trial within ninety days/one ycar after the filing of

the Trial Inlbrrgion and (check either "a" or "b"):

//(L,fi. I dcnland speedl'trial pursuant to l{ule 2.33(2)(b) and (c).

( ) b. I u,aive my right to a speedy trial pursuant to Rule 2.33(2)(b) and (c).

ll. I requcst that a trial dale be set pursuant to Rule 8.1 of Ihe lov'a Rules o/ Criminal

Proc'edure. Ml altornel and I u'ill be available lor trial on the following days: AnyTime.

WOriginal to be filed with Clerk of CourtCopy provided to:Sac Countv Attorncy


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. JOSEPH ADAM CRABB , Defendant.

Case No: 02811 OWCR012487 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 18, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

1 of 3


Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

2 of 3


State of Iowa CourtsCase Number Case TitleOWCR012487 STATE VS JOE ADAM CRABBType: ORDER SETTING TRIAL

So Ordered


3 of 3


E-FILED 2014 MAR 31 4:38 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 31 4:38 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. JOSEPH ADAM CRABB , Defendant.

02811 OWCR012487

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 04/16/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

1 of 2

E-FILED 2014 APR 01 11:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012487 STATE VS JOE ADAM CRABBType: OTHER ORDER

So Ordered


2 of 2


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

Plaintifl

VS.

JOSEPH ADAM CRABB,Defendant.

No. OWCR0l2487

GUILTY PLEA _AGGRAVATED MISDEMEANOR-Count I- Owl 2no Offense

COMES NOW the Dcfendant in the abovc action and states that I have been chargedWith OPERATING A NIOTOR VEITICLE WHILE IN'TOXICATED _ 2'O OFFENSE. UNAggravated Misder-',reanor. in violation of lo*a Code Section 321J.2. and I hereby request thatmy 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 myattomey of the fbllowing rights:

That I have the right to proceed r.r"ith a plea ofnot guihy and compel the State of Iowa to provcmy guilt to the unanimous satisfaction of a twclve-person jury in a speedy and public trial;

That I have the right to remain silent and could not be forced to tcstify or incriminate myself inany manner; and that if I exercised mv right to remain silent: this could not be used agarnst meand the State would be prohibited from commenting on rriy silence;

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

That I have the right to cross-examine all wrtnesses against meon my own behalf;

That I am presumed innocent until the State proves. if ever. thatdoubt; and

and to present evidence, if any,

I anr guilty beyond a reasonable

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 whichcarries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine withsurcharges of 35% and $10.00 DARE thereon or both; I understand there is a seven (7) dayrrinimum jail sentence; I further understand that the minimum fine is $ 1,875 plus surcharges of35% and $10.00; and that I may be rcquired to make restitution of pecuniary damages to anyvictim of this crime and of court-appointed attorney fees, if any, and pay the court costs. I maybe required to attend substance abuse treatment or education classes. In addition, I may berequired to pay coffectional fees for incarceration and enrollment f'ees tbr supervised probation.I have been informed that there may be effccts to rny license including suspension, revocationsand barments becausc of this plea. I have likewise been inforrred that other sentencing options


may be available to the Coun, including but not limited to the detbnal of Judgment andSentence, the grant of probation and the suspension of sentence imposed.

I now state to the Courl that I am, in lact GUILTY and that no threats or promises have beenmade to induce me to entcr my plea of guilty. I have been informed that the elements of thecr ime are: that I operated a motor vehicle ( l ) whi le under the inf luence of an alcohol icbeverage or other drug or a combinat ion of such substances; or (2) whi le having an alcoholconcentrat ion of .08 or more; or (3) whi le any amount of a control led substance is presentin my person as measured in my blood or ur ine. And that I have a pr ior convict ion of thecrime, Operating While Intoxicated. I understand the nature of the charge against me.

This offbnse was committed by me in Sac County iowa by my doing the following: I did onor about December 13. 2013. unlawful lv operate a motor vehicle whi le under theinf luence of alcohol and nas intoxicated at the t ime rvhen I rvas dr iv inq and did have ablood alcohol concentrat ion of . l2 l (BAC). and I rvas convicted of Operat ing Whi le

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

I hereby state that I submit this written plea of guilty with full knowledge and waiver ofmy rights and I do so freely and voluntarily. No tlueats have been made against me to obtain thisguilty plea. No promises ofleniency or fhvorable treatment have becn made, except for any pleaagreement disclosed to the Couft at the time this Guilty Plea is off-ered fbr approval in Court.

I have been advised of my rights as sct forth in Count I ofthis plea.

The plea agreement is: The recommended sentence will be an indeterminate sentence tothe Director of the lowa Department of Comections tbr up to two (2) years. which shall besuspended: thereafter. Det'endant shall serve the mandatorrl minimum 7 day _iail sentence inthe Sac County Jail. with credit for time served. Defendant is elieible for the Sac Countv JailWork Release Program and Defendant may substitute a 48-hour Weekend Alcohol Programfor ,18 hours jail time. If l choosc not to attend the 48 hour Weekend Alcohol Program. thenI rr i l l hrve to conrplete the l2 hour Dri i ' ing Course. I rv i l l be placed on Probarion to the SacCounty Probation Offlcer for a period ofone year from the Judement entry date. I will pay al ine of $1.875.00. plus a 35% surcharge in the amount of $656.25. a $10.00 DAREsurcharge. and court costs: to be paid as ordered by the court. I will be ordered to follow andcomolete the recommeudations of the Substance Abuse Evaluation. which I was ordered toobtain by the court. I understand that if my lowa Drivcr's License has not already beenrevoked for this oftbnse, the lowa Department of Transportation shall revoke my licensepursuant to lowa Code Chapter 32 I J.

In admitting guilt, I understand that any plea-bargain agreements with the prosecutor arenot binding on the Court.

I have been advised that I have the nght to have a future date set for pronouncingjudgment 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 oralleged defects in the plea proceedings must be raised by a Motion in Arrest ofJudgment filed nolater than fbrty-five (45) days after the date my pleas rs accepted but not less than five (5) daysbefbre the date set lor pronouncing judgment, and that failure to raisc such challenge shallpreclude the right to assert them ir.r this Court or on appeal to another Court. I understand that byproceeding dfectly to sentencing I waive any right I may have to file a Motion in Anest OfJudgment. This means I will be forever precluded iiom challenging the guilty plea or anydefects in the plea proceedings.

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

I request sentencing and ludgment be pronounced now.

STATE OF IOWA

SAC COUNTYSS

c\,/Un fbr! , ,4 day otl . Dersonallv aoDeare(

2014 before rny the undersigned. a Notary Public in and fbrsaid State. personilly appeared / J'a SZ y, 4 er A I lL_ _ _to me knowr to be the identical person named inandiho executed the foregoing instrument. and acknowledged thathe executed the same ofhis voluntarv act and deed.

6ndant's Attomey, Charles Schulte


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

) CRIM. NO. OWCR012487 Plaintiff, )

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) JOSEPH ADAM CRABB, ) Charge - OWI, Second Offense

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

NOW on the 10th day of April, 2014, the defendant submits his verified written Plea of Guilty.

The defendant is charged with Operating While Intoxicated, Second Offense, 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, Charles Schulte.

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, 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. All but the first 7 days of this sentence is

suspended. Defendant is given credit for time served, if any, as certified by the Sheriff. The

Defendant shall have this sentence served in full by June 10, 2014. Defendant may participate in the


Sac County Jail Work Release Program. Defendant may serve 48 hours of this sentence via the

Weekend Alcohol 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 make payments according to the plan of payment developed by the

Sac County Probation Office.

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

Probation Office for a term of one year. 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. The Defendant shall obey all laws.

3. The Defendant shall enroll in and successfully complete the Drinking Driver’s

Course sponsored by an area community college or substance abuse treatment agency. The

Defendant shall have this course completed in full and have proof of completion filed with the Clerk of

Court by the end of his term of probation.

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

alcoholic beverages.

5. The Defendant shall not enter upon the premises of any bar, tavern, liquor store, or any

other business establishment in which 50% or more of that business’s revenue comes from the sale of

alcoholic beverages.

6. The Defendant shall not drive a motor vehicle unless he is properly licensed and insured.

7. Defendant shall follow through with any recommendations outlined in his substance abuse

evaluation.

Any bond money previously posted is released and exonerated.

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

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



Type: OTHER ORDER


So Ordered




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Sac City Man Pleads Guilty to OWI 2nd Offense