SRCR012676 - Odebolt man pleads guilty to Failure to Have a Valid License or Permit while Operating Motor Vehicle.pdf

E-FILED 2014 OCT 19 8:53 AM SAC - CLERK OF DISTRICT COURT


CONTINENTAL HERITAGE Insurance company

Continental Heritage Insurance Company 6140 Parkland Blvd., Ste 321 Cleveland, OH 44124 440.229.3420 FAX 440.229.3421

Mark W. Holtan A 1 Bail Bonds

PO Box 12 Thor, IA 50591

Office 515-378-3286 Fax 515-576-3276

(PLACE BAIL AGENT'S ADDRESS STAMP HERE)

IN THE SAC COUNTY DISTRICT

COURT

SAC _COUNTY, STATE OF_

IOWA

THE STATE OF IOWA

Plaintiff

V S . } ^ r- No.

Defendant Know All Men By These Presents:

That we , ] i \ T ^ 0 & . C \ ( y v \ G y S T C f ^ as Principal, and Continental Heritage Insurance Company^

as Surety (Identified by attached Power ofAttorney No.

. „ J G , u J SAC COUNTY DISTRICT ^

are held and firmly qpund unto tr^

in the su

co

and firmly bound unto the.

inof *(\§\UA^>^JI^ Court ; C i t y , County, or Sta te

Dollars ( $ _

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i — O c r

for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, 1

jointly and severally. f \ ' I \ u v -f ^ The condition ofthis obligation is such that ifthe said^-V | y>q K / £ r { / tyS /*? T<£ t Principal

SAC COUNTY DISTRICT appear at the next regular or special term ot the

fsBall

Name

Court to answer a charge of and shall appear from day to day and term to term of said court and not depart the jurisdiction of the Court without leave then this obligation shall be void, otherwise it shall remain in full force and effect. £r~~~\l A

Signed and Sealed this 1 A Dayof U ^ c ^ / ^ v O I - ^ ^ A A . D . J C Taken before and approved by me

THIS BOND IS VOID IF WRITTEN FOR AN AMOUNT GREATER THAN THE POWER OF ATTORNEY ATTACHED HERETO, IF MORE THAN ONE SUCH POWER IS ATTACHED, OR IF WRITTEN AFTER THE EXPIRATION DATE SPECIFIED ON THE ATTACHED POWER OF ATTORNEY.

Attorney-in-Fact

Mark W. Holtan, A l Bail Bonds Agency Name

PO Box 12 Address

Thor, IA 50591

City, State, Zip Code

CH 013 (10 05)

Continental Heritage Insurance Co. 6140 Parkland Blvd.. Ste 321

Mayfield His.. OH 44124 (440) 229-3420 • (866) 489-6639

POWER OF ATTORNEY POWER No. WC7-01129411

POWER AMOUNT 7 r 5 0 0 . 0 0

K N O W A L L M E N B Y T H E S E P R E S E N T S that the Continental Heritage Insurance Company, a corporation duly organized and existing under the laws of the State of Florida and by the authority of the Resolution adopted by the Board of Directors by unanimous written consent on January 26, 1993, which said Resolution has not been amended or rescinded, does constitute and appoint and by these presents does make, constirute and appoint the named agent its true and lawful Attorney-in-Fact for it and in its name, place and stead, to execute, seal and deliver for and on its behalf and as its act and deed, as surety, a bail bond .only. Authority of such Allomey-in-Fact is limited to appearance bonds and cannot be construed to guarantee defendant's future lawful conduct, adherence to travel limitations, fines, restitution, payments or penalties, or any other condition imposed by a court not specifically related to court appearance.

3 o o Ot

o fa > ft. o y

This Power-of-Attorney is for use with Bail Bonds only. Noi valid if used in connection with Federal or Immigration Bonds. This power is void if altered or erased, void if used with other powers of this company or in combination with powers from any other surety company, and void if used to furnish bail in excess of the stated face amouni of this power, and can only be used once.

The obligation of the company shall not exceed the sum of: S E V E N T H O U S A N D F I V E H U N D R E D D O L L A R S and provided this Power-of-Attomey is filed with the bond and retained as a part of the court records.The said Attorney-m-Fact is nereby authorizedto insert ih this Power-of-Attomey the name of lhe person on whose behalf ihis bond was given.

IN WITNESS WHEREOF, THE CONTINENTAL HERITAGE INSURANCE COMPANY has paused these presents to be signed by its duly authorized officers, proper for the purpose and its

of Q < 3 -corporate seal to be hereunto affixed this _ DAY

V1FANY has ca

MONTH lount J ^ C > C Q Bond Amount^

Defendan

Charges

If rewrite, original

Attorney-in-Fact

YEAR

E5:;°SEA^roE = %\ 2008 . : | =

'/TO * css

By:

By:

Edward F. Fcigh^TTesideni

(SIGNATURE)

(PRINT N A M E )

David A Canzone. Chief Financial Officer

VOID IF NOT ISSUED BY:

6/10/2015

FOR STATE USE ONLY NOT VALID IF ISSUED IN FEDERAL COURT

BLUE - ORIGINAL FOR COURT PINK - COPY FOR COMPANY YELLOW - COPY FOR AGENT WHITE - COPY FOR INDEMNITOR Form* CH1-0119/12)

E-FILED 2014 OCT 20 2:13 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CLINT W WERKMEISTER , Defendant.

Case No: 02811 SRCR012676

INITIAL APPEARANCE

Charges:01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED02 - 321A.32(3) - FORGED EVIDENCE OF FINANCIAL RESPONSIBILITYDefendant has provided the court with proof that he did have an SR 22 on file on the date charged sothat charge is ordered dismissed with costs to the state. 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 Years Prison And/Or $fine of not less than $315 nor greater than $1875 plus 35% surcharge and courtcosts.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt. 5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release: You must not use any alcohol or illegal drugs during the pendance of this matter. You must obey alllaws and state of Iowa and the United States. You must not drive what your license is revoked orsuspended. 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 11/17/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED 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

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State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-10-27 09:06:17

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. CLINT W WERKMEISTER , Defendant.

Case No: 02811 SRCR012676

INITIAL APPEARANCE

Charges:01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED02 - 321A.32(3) - FORGED EVIDENCE OF FINANCIAL RESPONSIBILITYDefendant has provided the court with proof that he did have an SR 22 on file on the date charged sothat charge is ordered dismissed with costs to the state. 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 Years Prison And/Or $fine of not less than $315 nor greater than $1875 plus 35% surcharge and courtcosts.

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt. 5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release: You must not use any alcohol or illegal drugs during the pendance of this matter. You must obey alllaws and state of Iowa and the United States. You must not drive what your license is revoked orsuspended. 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 11/17/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED 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

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State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012676 Plaintiff, vs. TRIAL INFORMATION

CLINT WILLIAM WERKMEISTER,DOB: 06/05/1972, 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, Clint William

Werkmeister of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDERCHAPTER 321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed

as follows:

The said Defendant, Clint William Werkmeister, on or about October 18, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his

driver’s license was denied or revoked under Iowa Code Chapter 321J.

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 2014 NOV 07 8:49 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

THE STATE OF IOWA vs. CLINT WILLIAM WERKMEISTERCriminal No. SRCR012676COUNT I: Driving While License was Denied or Revoked Under Chapter 321J

NAMES OF WITNESSES:

BRIAN ERRITT, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

SHANDA LYN FULCHER, OCCUPATION UNKNOWN

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTER

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 2014-11-07 08:49:50 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs CLINT W WERKMEISTER , Defendant.

Case No: 02811 SRCR012676 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 11/19/2014 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



Type: ORDER FOR ARRAIGNMENT


So Ordered



EN THE IOWA DISTRICT COURT FOR Sac

• "FILED MUWN19 W8--31

COUNTY

STATE OF IOWA or

PlaintifryPetitioner,

vs.

Defendant/Respondent.

Criminal Civil

NO. S£c£fi?i/1(/) FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

In support of my application foranpointment of counsel, and under penalty of perjury, the undersigned sta/es:

Name:

Phonc-^/J^^A^^^Cell Phone: * ^ E-mail: P ^ ' l / J 1<2 <0?il<?t%$£f Home

Street Address:

I 1

Street/P.O.Box Apt# Chy State Zip

Pending charges:

GUI. f>. Do you have a job? <?^£&aJob • Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for?

In Jail? • Yes

)

How much money do you currently make before taxes or deduction per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions? f^~)^ 0 $ " ^ ^

How many family members are supported by or Kve with you? •

If a spouse lives with you, how much money does your spouse make? • hour • month • year

List all other money you, or anyone else living in your household, has coming in: —

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: £sQ/7_ S^/OlA -f^.

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or required to sign a wage assignment, and I must report any cj financial affidavit I promise under penalty of perjury that̂ the and that I am unable to pay for an attorney to represent

Date Signatu e

ind costs, I may be u submitted on this application are true

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. CLINT W WERKMEISTER , DEFENDANT.

02811 SRCR012676

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 Charles Schulte, a contract attorney, is appointed.

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State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. CLINT W WERKMEISTER , Defendant.

02811 SRCR012676 ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled. IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 12/03/2014at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that setforth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment. Clerk to Send Copies to: County Attorney Defendant Defense Counsel

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E-FILED 2014 NOV 20 1:10 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 NOV 20 1:10 PM SAC - CLERK OF DISTRICT COURT

STATI] OI. ' IOWA.

Vs.

IN THE IOWA DISRICT COURT FOR SAC COUNTY

CI-INT WII-I , IAM WF]RKMEISTER

Defendanl

CRIMINAL NO. SRC]RO1 2676

WI{I'ITDN ARRAIGNMEN I"

PLEA OI-'NOT GI-JILTY

Date Trial Information file d: I I /07/201'1

coMES NOW the Defcndant in the above-captioned crin.rinal case and under oath states:

l. I am represented b1' Attornel Charles A. Schulte. rvhose addrcss and phone number are

421 Main St. . PO Box 1192. Sac City, IA. 50583: (712) 662-4715.

2. My currcnt mailir.rg and residence address and phone number are 309 W. 2nd St.. P O'

Box 133. Odebolt . IA 51458. My phone number is: 712-371-4076. My datc of bir th is

06-05-1972. I can read and understand the English language and have completed the

follon'ing level ofeducation: l2 Years.

4. I have bccn advised by m.v attorney and understand that I have a right to anaignntent

in opcn Court. and I r,olunrarill, u.aive that right. choosing instead to sign this written

Arraignmcnt and Plea of t'\ot Guiltl' l understand that times fbr furlher proceedings

r.vhich are computccl frorn the date of arraignment rvill bc computed liom the date o1'

filing this Written Alraignment and PIea of Not Guilty

5. I l.rave receivecl a copy of the Trial Information which charges me with the crime o1'

COUNT I: DRIVING WHILE LICENSE WAS DENIED OR RE,VOKED UNDER

CHAPTER 321J.

6. With regard to the llanle bl,rvhich I ant charged in thc Trial lnlbrmation (either check

"a" or check ar.rd complcte "b"):

.r'11fi. ttte rr:lnlc on the

'frial Information is nly true name l have been advised

ancl understand tl.ral I am norv precluded lrom objecting to the Trial Information upon the

ground that I am improperl-v named.

( )b. The namc shown on the Trial Infbrmation is not my trric name. My trr-lc

name is. I request that an entl'.v be madc in the minutes shorving m.Y true name. I have

beer.r advisccl and understand furlher proceedings will be had against me by that name.

the Trial Inlbrmation u.ill be anrended accordingll'. and when the Trial lnlbrmatiorr is so

amcnded. I rvill be prccluded frorn objecting upon the grounds I am improperll named'

7. I have bccn adviscd and undcrstand tl.rat I may plead guilt"v' not guilty or former

conr,iction or acquittal.

E-FILED 2014 DEC 03 9:46 AM SAC - CLERK OF DISTRICT COURT

lJ. For tl.rc purpose of tl.ris anaignment. I have had sufficient time to discuss my case withm), attorney. and I u'aivc any further time in which to enter a plca.

9. I plead NOT GtlILTY to the charges in paragraph 5 above.

10. I havc been advised and understand that I have a riglrt under Rule 2.33(2)(b) oftheIotr. ct Rule.s of'Crintinul I'rotetlu'c lo a trial rvithin ninety days/one year after the liling ofthe lrial Informatior.r and (check eithcr "a" or "b"):

( ) a. I demand speedy trial pursuant to Rule 2.33(2)(b) and (c).

/.ffi(tne mrflright to a speedl trial pursuant to Rulo 2.33(2) (b) and (c).

ucst trial flate be set pursuant to Rule 8.1 of the 1ol'c Rules ol'(.'riminalc. Mt ornel/and I rvili be available for trial on the fbllowing dals: An1

to be filed x ith Clerk of CourtCop!' provided to:

1 1 .

Count) Atto rne)'


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. CLINT W WERKMEISTER , Defendant.

Case No: 02811 SRCR012676 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on December 3, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 01/27/2015 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.

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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

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State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. CLINT WILLIAM WERKMEISTER, Defendant.

Case No. SRCR012676

REPORT OF PRETRIAL CONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On January 21, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Chuck Schulte. The parties, through

the undersigned, represent the following to the Court:

1. A plea agreement has been reached the terms of which are as

follows: The defendant has agreed to plead guilty to Count 1 of the Trial

Information amended to Failure To Have a Valid License or Permit While

Operating A Motor Vehicle (Iowa Code § 321.174(1), a scheduled, simple

misdemeanor violation.

2. Defendant intends to submit a written guilty plea by February 4, 2015.

__________________________ 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 2015 JAN 22 6:57 AM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. CLINT W WERKMEISTER , Defendant.

02811 SRCR012676

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 02/04/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If a sentencing hearing in open court is required the Defendant shall so state in the written plea. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: OTHER ORDER

So Ordered


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STATE OF IOWA, No. SRCR012676Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONCLINT WILLIAM WERKMEISTER,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILEOPERATING A MOTOR VEHICLE a scheduled violation of Iowa Code Section321.174(1).

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand amended Trial Information.


Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on January 26, 2015 by:

[ ] U.S. Mail [ ] Fax[ ] Hand Delivered [ ] Overnight Courier[ ] Certified Mail [ x ] EDMS

Signature: /s/Norma Hecht

E-FILED 2015 JAN 26 2:39 PM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012676 Plaintiff, AMENDED vs. TRIAL INFORMATION

CLINT WILLIAM WERKMEISTER,DOB: 06/05/1972 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, Clint William

Werkmeister of the crime of FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILEOPERATING A MOTOR VEHICLE, a scheduled violation of Iowa Code Section 321.174(1)

committed as follows:

The said Defendant, Clint William Werkmeister, on or about October 18, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a

public highway without a valid driver’s license.

A TRUE INFORMATION




IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. CLINT WILLIAM WERKMEISTER, Defendant.

Case No. SRCR012676

ORDER

NOW, on this 26th day of January, 2015, the Court is in receipt of the State’s

Request for Leave of Court to Amend Trial Information. The Request should be

granted.

IT IS THEREFORE ORDERED that the State’s Request is granted. The Trial

Information is amended to provide that Defendant is now charged with Failure to Have a

Valid License or Permit While Operating a Motor Vehicle, a scheduled violation, in

violation of Iowa Code Section 321.174(1).

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



Date: 1/27/2015 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. SRCR012676 vs.

CLINT WILLIAM WERKMEISTERDefendant

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___1/27/2015_____________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15


STATE OF IOWA, PLAINTIFF, vs. CLINT W WERKMEISTER , DEFENDANT.

Case No. 02811 SRCR012676 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

CHARLES A SCHULTE

MEDIA COORDINATOR

CLINT W WERKMEISTER

1 of 2


State of Iowa CourtsCase Number Case TitleSRCR012676 STATE VS CLINT WILLIAM WERKMEISTERType: OTHER ORDER

So Ordered


2 of 2


IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATB OF IOWA,

PlaintiffVS.

CLINT WILLIAMDOB 0610511972

Defendant.

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*

****

No. SRCR012676GUILTY PLEAAMENDED-sch eduled violation

A.

WERKMEISTER,

COUNT I

I, the undersigned Defendant, have carefully read and fully understand the following:

I am charged with DzuVING WHILE LICENSE WAS DENIED OR REVOKED UNDERCHAPTER 32|J, a Serious Misdemeanor, in violation of Iowa Code Section 321.J.21. Inconjunction with a Plea Agreernent rnade with the Sac County Attorney, whereby will amend CountI to a charge of FAILURE TO HAVE a VALID LICBNSE OR PERMIT WHILEOPERATING MOTOR VEHICL,E a scheduled violation, in violation of Iowa CodeSection 321.174(I). I now request that myplea of not guiltybe changed to a Plea of Guiltyto the amended charge.

The maximum punishrnent for a Simple Misdemeanor is irnprisonment of not more than thirtydays in jail, and a fine of not more than $625.00 plus statutory surcharges, plus all court costsand all costs and fees incurred for legal assistance. For this scheduled violation there is a fineof $200.00, a 35 % surcharge in the amount of $70.00, and court court costs, which areirnmediately due on the date of sentencing, unless a paynent plan is approved by the courtwithin thirty days of the judgment entry.

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

D. If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1). The right to a speedy and public trial by a jury of twelve people.(2). The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3). At trial, I would be presumed innocent until such time, if ever; the State established myguilt beyond a reasonable doubt.(4). At trial, a jury verdict of guilty would have to be unanimous.(5). At trial, I would have the privilege against self-incrirnination, that is, I cannot be forced totestify, and if I choose not to testify, the State may not corlment on the fact of my failure totestiff and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testifli.

B.

E-FILED 2015 FEB 04 11:54 AM SAC - CLERK OF DISTRICT COURT

(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.(l) At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those wi-tnesses.

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

F. The Court, in deterrnining whether there is a factual basis for this plea of guilty, may makesuch a determination by exarnining the Minutes of Testimony attached to the TrialInfonnation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the material factsthat would be offered at trial.

The Court has the discretion to accept or reject any plea agreement made between theState and myself. The plea agreement is: The County Attorney will amend the charge toFAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPBRATING AMOTOR VEHICLE. a scheduled violation in violation of Iowa Code Section 321.174(1). and Iwill plead guilty to the amended charge. I will pay a fine in the amount of $200.00. plusthe 35% surcharge in the amount of $70.00. court appointed attorney f-ees. and courtcosts in the amount of $100.00: to be paid by paying $50.00 on the 15'n day of March2015. and $50.00 per rnonth on the 15"'day of each month thereafter until paid in full.

This plea agreement includes that I will be responsible to pay court costs, payment of all costsand fees incuned for legal assistance, victim restitution, coffection (jail) fee for any jail timeand all surcharges and mandatory punishrnents (see paragraph B) applicable to my case.I now state to the Court that I am, in fact GUILTY and that no threats or promises have beenmade to induce me to enter my plea of guilty. I have been informed that the elements of thecrime are: A person who fails of have a valid license or permit while operating a motorvehicle on a publ ic roadwav.I understand the nature of the charge against me.This offense was committed by me in Sac County lowa by my doing the following: I didon or about the 18h dav of October 2014 fail to have a valid l icense or permit whileoperating a motor vehicle on a public roadwav.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtain this guiltyplea. No promises of leniency or favorable treatment have been made, except for any plea bargaindisclosed to the Court at the tirne of this guilty plea.

G. If the Court accepts rny plea of guilty , I real:ze(1). The Court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.


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(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,and I will be giving up my right to directly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceditrg rights and my right to havethe Courl address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENTIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:l. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion in Arrest of Judgment will be v.;aived O,n having the court impose a sentence no\v.

2. By having the court impose my sentence now, I will never be able to challenge this plea ofguilty and I will be giving up my right to directly appeal my guilty plea.

I hereby request the court sentence me now and I waive any time to which I may be entitledfor sentencing at a later date.

WAIVER OFI have been fullv advised that I ha y sentencmg

and present evidence in my own behalf, I nt or not. andthat no one can exclude me from sentencin

With the above in rnind. and furt to be presentpresent at myor not is my own decision, I hereby know

sentencurg.

rster

STATE OF IOWA

SAC COLTNTYSS

T)n sent at r

be prese

whetherht to be

or r th is {day o fState, personal ty

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known to be the identical person named in and who executed tl ieexecuted the same of his voluntary act and deed.

015 before me the undersigned, a Notary Public. t /

and for

, t o

saidme

^sttqo CHARLES A. SCHULTEf&?*,'lffi#'l'*iiliil#3"

'orv| December 9,20J-K

Notary Public in and for thE


1


STATE OF IOWA, Plaintiff, v. CLINT WILLIAM WERKMEISTER, Defendant.

SRCR012676

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: February 4, 2015

CHARGE: Failure to Have a Valid License or Permit while Operating a Motor Vehicle, a scheduled violation, in violation of Iowa Code § 321.174(1)

Defendant has filed a 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 above-described crime and

pursuant to Iowa Code Section 903.1. 2. Defendant is hereby sentenced as follows:

a. Defendant shall pay financial obligations as follows: (1) a fine in the sum of $200.00; (2) a 35% surcharge of $70.00;

(3) court-appointed attorney fees certified by Mr. Schulte. The Court has determined, by information presented by the parties, that Defendant is able to pay court-appointed attorney fees; and

(4) the court costs of this action.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov. Such financial obligations may be paid in monthly installments of at least $50.00 per month beginning on the 15th day of March, 2015, and continuing on the 15th day of each month thereafter until paid in


2

full. If any installment is missed, in whole or in part, it may be considered a violation of this Order. In addition, if the installment payment becomes delinquent by 30 days or more, then, pursuant to Iowa Code Section 602.8107, this case shall be assigned to the Centralized Collection Unit of the Iowa Department of Revenue or its designee to collect the debts owed to the Clerk of Court. In the event this matter is assigned for collection, additional fees may be imposed pursuant to law.

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 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 sum of $5,000.00, cash or surety. 6. Any cash bail posted by Defendant or on Defendant’s behalf by a third party that has acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations shall be applied toward Defendant’s financial obligations. All cash bail remaining, if any, after payment of Defendant’s financial obligations and all cash bail posted by a third party that has not acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations is hereby exonerated and shall be returned to the person posting the cash bail. All non-cash bail bonds posted, if any, are hereby exonerated. Clerk Shall Furnish Copies To: County Attorney Defense Counsel Iowa DOT



Type: OTHER ORDER


So Ordered



Documents

SRCR012676 - Odebolt man pleads guilty to Failure to Have a Valid License or Permit while Operating Motor Vehicle.pdf