SRCR012708 - Sac City man pleads guilty to Criminal Mischief 5th Degree.pdf

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    E-FILED 2014 NOV 25 8:19 PM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

    STATE OF IOWAPlaintiff

    vs

    BLAKE EDWARD STARNESDefendant

    Case No. 02811 SRCR012708

    Summons or Citation

    YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:CRIMINAL MISCHIEF 4THin violation of Section(s) 716.6(1)(A)(1) of the Iowa Criminal Code.

    You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on12/22/2014 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 as

    contempt of court.

    /s/ SHELLEY BASSCLERK OF DISTRICT COURT

    SAC 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).

    E-FILED 2014 NOV 26 9:52 AM SAC - CLERK OF DISTRICT COURT

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

    vs. BLAKE EDWARD STARNES , Defendant.

    Case No: 02811 SRCR012708

    INITIAL APPEARANCE

    Charges:01 - 716.6(1)(a)(1) - CRIMINAL MISCHIEF 4TH DEGREE

    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 $a fine of not less than $315 nor greater than $1875 plus 35% surcharge andcourt costs

    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.

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    E-FILED 2014 DEC 22 9:11 AM SAC - CLERK OF DISTRICT COURT

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    5. (a) You will be released from custody prior to trial on your own promise to appear at all

    further 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 obey all laws of Iowa and the United States

    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 01/12/2015 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 IS

    ORDERED 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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    E-FILED 2014 DEC 22 9:11 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa CourtsCase Number Case TitleSRCR012708 STATE VS BLAKE EDWARD STARNESType: HEARING FOR INITIAL APPEARANCE

    So Ordered

    Electronically signed on 2014-12-22 09:11:33

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    E-FILED 2014 DEC 22 9:11 AM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012708 Plaintiff,

    vs. TRIAL INFORMATIONBLAKE EDWARD STARNES,DOB: 01/28/1991 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, Blake Edward

    Starnes of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE , a SeriousMisdemeanor in violation of Iowa Code Sections 716.1 and 716.6(1)(a)(1) committed as follows:

    The said Defendant, Blake Edward Starnes, on or about November 14, 2014 in the

    County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter

    or destroy tangible property, to-wit: In Sac City Iowa at 1311 Martin Street, Defendant punched

    the rear passenger window of a vehicle, breaking the window, and the cost of replacing,

    restoring and/or repairing of which exceeds $200 but not $500.

    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 09 3:17 PM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]
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    THE STATE OF IOWA vs. BLAKE EDWARD STARNESCriminal No. SRCR012708

    COUNT I: Criminal Mischief in the Fourth Degree

    NAMES OF WITNESSES:

    BRIAN MENTZER, OFFICER, SAC CITY POLICE DEPARTMENT

    CHRISTINE GRAUSE, OCCUPATION UNKNOWN

    ASHLEY STARNES, OCCUPATION UNKNOWN

    E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: Approval of Trial Information

    Case Number Case TitleSRCR012708 STATE VS BLAKE EDWARD STARNES

    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 2015-01-09 15:17:48 page 3 of 3

    E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

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    Notice Id: D2TIAR

    IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs BLAKE EDWARD STARNES ,

    Defendant.

    Case No: 02811 SRCR012708

    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 01/21/2015 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

    E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: ORDER FOR ARRAIGNMENT

    Case Number Case TitleSRCR012708 STATE VS BLAKE EDWARD STARNES

    So Ordered

    Electronically signed on 2015-01-09 15:17:49 page 2 of 2

    E-FILED 2015 JAN 09 3:17 PM SAC - CLERK OF DISTRICT COURT

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    IOW DISTRICT COURT FOR S C COUNTY

    FILE

    2015 JAN AHIO -OSTATE OF IOWA ,

    PLAINTIFF NO._SX^1?T08

    vs. APPLICATION TO WAIVE

    ATTORNEY A N D PROCEED (PRO SE)

    DEFENDANT

    In su ppo rt of my ap plicat ion to waive at torn ey I s tate :

    1. I kn ow I have a right to be represented by an at torney in this case

    and th t if I can not afford to h ire an at tor ney , the C ourt wo uld ap po intcounsel for me, without any initial cos ts on my part. I further realizeth t I wo uld u l t imate ly have to re imburs e the S ta te for those expe nse s .

    2. I know th t an at torn ey wo uld re pres ent my interest in al l cou rtproceedings and wo uld be avai lable to ans wer ques t ions for m e. I ama w a r e th t there may be defenses to the charges against me th t I as anon -lawy er m ay not be aw are of. I kn ow a lawye r wo uld give me theoppor tuni ty to obta in an independent opinion on how to proceed anddefend the case against me.

    3. I kno w the C oun ty A ttorn ey and his staff do not repres ent me butra ther are respo nsible for pros ecut ing me . I know th t I can no t relyupon the C ounty A t torne y for legal advice .

    4 . Having cons idered my right to counsel , t oge the r with the risk anddisadvantages of proceeding without an at torn ey, I wa nt to repre se ntmysel f and I wa nt to waive my right to an a t torne y.

    Dated this

    Defendant

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    IN T H E IOWA DISTRICT C O U RT IN AND F O R SAC C O U N T Y

    oH

    W o

    S T T E O F IOWA, ro = 0 0f l o ePlaintiff, No. SRCR012708

    -Jo-

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    amended accordingly, and when the Trial Information is so amended, I will beprecluded 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 oracquittal.

    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 N O T G U I LT Y 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 IowaRules of Criminal Procedure to a trial within ninety days/one year after the filing of theTrial Information and (check either a or b ):

    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 o f CriminalProcedure. I wi l l be available for trial on the following days: .

    Defendant, Blake Edward Starnes

    STATE OF I O WA )) SS

    S A C C O U N T Y

    Public in and for said State, personally appearedOn this ^ i day of ^(XyiUO LyU 2015 before my the undersigned, a Notary

    , to me knownto be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the same of his voluntary act and deed.

    ^Wu3ftp? i GOVNotary Public in and fo r the State of Iowa

    Original e-filedCopy to:

    Sac County AttorneyDefendant

    SHELLEY B SSleric of Dtatrid ourt Designee

    Sao ounty

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    IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

    Plaintiff,

    vs. BLAKE EDWARD STARNES ,

    Defendant.

    Case No: 02811 SRCR012708

    RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

    The defendant having filed a written arraignment in this matter on January 21, 2015. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 03/04/2015 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 04/07/2015 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. 1 of 3

    E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT

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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

    2 of 3

    E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa CourtsCase Number Case TitleSRCR012708 STATE VS BLAKE EDWARD STARNESType: ORDER SETTING TRIAL

    So Ordered

    Electronically signed on 2015-01-21 11:20:50

    3 of 3

    E-FILED 2015 JAN 21 11:21 AM SAC - CLERK OF DISTRICT COURT

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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, No. SRCR012708Plaintiff,

    REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

    INFORMATIONBLAKE EDWARD STARNES ,

    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: CRIMINAL MISCHIEF IN THE FIFTH DEGREE , a SimpleMisdemeanor in violation of Iowa Code Sections 716.1 and 716.6.

    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.

    Prosecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

    Copy to: PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served upon the defendant named in the above cause on January 21, 2015

    by: [x ] U.S. Mail[x] Hand Delivered

    Signature: /s/Norma Hecht

    E-FILED 2015 JAN 21 11:50 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]
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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012708 Plaintiff, AMENDED

    vs. TRIAL INFORMATION

    BLAKE EDWARD STARNES,DOB: 01/28/1991 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, Blake Edward Starnes

    of the crime of CRIMINAL MISCHIEF IN THE FIFTH DEGREE , a Simple Misdemeanor inviolation of Iowa Code Sections 716.1 and 716.6 committed as follows:

    The said Defendant, Blake Edward Starnes, on or about November 14, 2014 in the

    County of Sac and State of Iowa, did unlawfully and willfully intentionally damage, deface, alter

    or destroy tangible property, to-wit: In Sac City Iowa at 1311 Martin Street, Defendant punched

    the rear passenger window of a vehicle, breaking the window, and the cost of replacing,

    restoring and/or repairing of which is $200 or less.

    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 21 11:50 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]
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    IN T H E IOWA DISTRICT C O U RT IN AND FO R SAC COUNTYS TAT E OF IOWA,

    Plaintiff, No. SRCRO12708GUILTY P L E A (Amended-Simple Misdemeanor)

    vs. oO

    SO

    B L A K E EDWARD STARNES,D O B : 01/28/1991,

    Defendant.

    c_=

    C O U N T Iro

    o

    >

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

    A . I am charged with C R I M I N A L MISCHIEF IN THE F O U RT H D E G R E E , a SeriousMisdemeanor in violation of Iowa Code Sections 716.1 and 716.6(l)(a)(l). In conjunctionwith a Plea Agreement made with the Sac County Attorney, whereby will amend Count I to acharge of C R I M I N A L M I S C H I E F IN TH E F I F T H D E G R E E , a Simple Misdemeanor inviolation of Iowa Code Sections 716.1 and 716.6. I now request that my plea of not guilty bechanged to a Plea of Gu ilty to the amended charge.

    B . The maximum punishment for a Simple Misdemeanor is imprisonment of not more thanthirty days in ja il, and a fine of not more than 625.00 plus statutory surcharges, plus a ll courtcosts and all costs and fees incurred for legal assistance. There is a minimum fine of 65.00,which is immediately due on the date of sentencing, unless a payment plan is approved by thecourt within thirty days of the Judgment date. In addition, if the charge is a violation of IowaCode Chapters, 124, 155A, 453B, 713, 714, 715A, 716, or Iowa Code Sections, 719.8, 725.1,725.2 or 725.3, there is an additional surcharge of 125. I acknowledge that, the Court mayorder me to perform community service work, i f the Court is of the opinion that communityservice work will deter and discourage others from similar criminal activity. (The rate atwhich community service shall be calculated against my fine shall be the federal minimumwage.) In addition, I may be required to pay correctional fees for incarceration andenrollment fees for probation. I am aware that sentencing options may include deferral ofJudgment and Sentence, the grant of probation and the suspension of the sentence imposed.

    C. I understand that, a criminal conviction, deferred judgment or deferred sentence may affectmy status under federal immigration 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, i f ever; the State established myguilt beyond a reasonable doubt.(4) At trial, a jury verdict of guilty would have to be unanimous.(5) At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and if I choose not to testify, the State may not comment on the fact of my failure to

    1

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    testify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7) . At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

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

    F. The Court, in determining whether there is a factual basis for this plea of guilty, may makesuch a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: The County Attorney will amend the charge toC R I M I N A L MISCHIEF IN THE F IFTH DEGREE, a Simple Misdemeanor in violation of IowaCode Sections 716.1 and 716.6., and I will plead guilty to the amended charge. I will pay a fineof 65.00, plus the 35% surcharge in the amount of 22.75, the Law Enforcement Initiativesurcharge in the amount of 125.00, and court costs in the amount of 100.00; by paving

    50.00 per month on the 15 th day of each month beginning on the 15 th day of February 2015,and continuing on the 15 th day of each month thereafter until paid in full. As part of the pleaagreement I will repair the damaged vehicle window and provide proof of the completedrepair to the court, by submission of an invoice and or statement from the victim that therepair is completed; to be completed and submitted to the court within thirty days of thejudgment entry date.

    This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and f s incurred for legal assistance, victim restitution, correction (jail) fee for any jailtime and all surcharges and mandatory punishments (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: Unlawfully and willfully intentionally damage, deface, alter or destroy tangibleproperty, and the cost of replacing, restoring and/or repairing of which is 200 or less.

    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 onor about the 14 th day of November 2014 in Sac City at 1311 Martin Street, punch the rearpassenger window of a vehicle owned by Christine Grause, breaking the window, and the cost ofreplacing, restoring and/or repairing of which is 200 or less.

    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 pleabargain disclosed to the Court at the time of this guilty plea.

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    G . If the Court accepts my plea of guilty, I realize:(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 M otion 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.(2) . If the Court imposes a sentence today, 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 ask the Court to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

    WAIVER OF M O T I O N IN A R R E S T OF J U D G M E N TIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:1. In order to contest this plea of guilty, I must file a M otion 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 the

    date of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion in Arrest of Judgment will be waived by having the Court impose a sentence now.2. By having the Court impose my sentence now, 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 hereby request the Court sentence me now and I waive any time to which I may be entitledfor sentencing at a later date.

    WAIVER OF RIGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencing

    and present evidence in my own behalf. I understand that it is my choice to be present or not,and that no one can exclude me from sentencing.

    With the above in mind, and further understanding that my decision whether to be presentor not is my own decision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.

    S TAT E O F IOWA )SS

    S A C C O U N T Y )

    Defendant, Blake Edward Starnes

    On this Q}I* day of Jhsy^ut t s^ , 2015 before me the undersigned, a Notary Public in and for saidState, personally appeared ffi\-ip_ f ^ y j / x f d S+ns^t? 5, , to me known to be the identicalperson named in and who executed the foregoing instrument, and acknowledged that he executed the same of hisvoluntary act and deed.

    Notary Public in and fo r the State of Iowa

    vv ' i,. N O R M A D H E C H T

    * Commission Number 740827* u S i M Y COMMISSION EXPIRES

    I ^ ^ i f , D-f>i