SRCR012912 -.pdf

SAC COUNTY

2015-9291Agency Case Number:

08/14/2015Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

BACHMAN

Last

ANTHONY

First

JON

Middle Suffix

650 N STATE RD LOT 18

Address

LAKE VIEW

City

IA

State

51450-7301

Zip Code

6/4/1969

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State Height Weight

BLUE - BLU

Eye Color Hair Color

OFFENDER

State Local

321J.21

Code Section

DRIVING WHILE LICENSE DENIED OR REVOKED

Crime Description

SRMS

Class

13 - HIGHWAY/ROAD/ALLEY

Location Type

D054/350TH ST AND M068/PERKINS AVE

Literal Description

D54 AND PERKINS AVE

Address

WALL LAKE

City

IA

State

51450

Zip Code

YES

Is Date and Time of Incident Known?

08/14/2015

Incident Date or Low Range Upper Date Range

01:38

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

drive a motor vehicle while his (her) motor vehicle license was denied or revoked under Iowa Code Chapter 321J

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

Narrative of Offense Committed

NARRATIVE

drive a motor vehicle while his (her) motor vehicle license was denied or revoked under Iowa Code Chapter 321J

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

Narrative of Offense Committed

NARRATIVE

SAC COUNTY

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

STATE OF IOWA,

AFFIDAVIT

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

On 8/14/15 at approximately 1:38 hours, I, Deputy Cudaback was on routine patrol 1/2 mile West of Perkins Ave on Hwy D54. I observed a Red Chevy Equinox IA LIC# 718WNJ which was expired 6/15. I then initiated my emergency lights and stopped the Chevy. I identified the driver/ owner of the vehicle as Anthony Bachman. Sac County Communciation center advised that Bachman was revoked reference OWI test failure and Possession of Controlled Substance.

On 8/14/15 at approximately 1:38 hours, I, Deputy Cudaback was on routine patrol 1/2 mile West of Perkins Ave on Hwy D54. I observed a Red Chevy Equinox IA LIC# 718WNJ which was expired 6/15. I then initiated my emergency lights and stopped the Chevy. I identified the driver/ owner of the vehicle as Anthony Bachman. Sac County Communciation center advised that Bachman was revoked reference OWI test failure and Possession of Controlled Substance.

CUDABACK, TORY 81-5

Signature of Complainant or Officer, Officer Name & Number

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2015-92911 28/14/2015 4:52 AM

E-FILED 2015 AUG 14 4:54 AM SAC - CLERK OF DISTRICT COURT

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 08 - CRIME OBSERVED BY OFFICERS

Defendant Implicated

Sac - 81

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

GENERAL PROBABLE CAUSE

OWI

BAC on DatamasterDCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

1 - FIRST OFFENSE

Number of Offense

OWI

SAC COUNTY

08/14/2015

KAREN KIMENotary Name Signature of Verifying Party

777584Commission Number

03/21/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

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

STATE OF IOWA,

of Form #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 2015-92912 28/14/2015 4:52 AM 2 28/14/2015 4:52 AM



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ANTHONY JON BACHMAN , Defendant.

Case No: 02811 SRCR012912

ORDER ON INITIAL APPEARANCE

Charges:01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS02 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED2 Serious Misdemeanors so the penalties are X 2Upon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. The nature of the charge(s) is that it is a: Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 andfirst offense operating while intoxicated which carries a minimum fine of $1,250. In these cases adefendant can be sentenced to up to one year in the county jail except for possession of marijuanawhich carries a maximum sentence of six months in jail. In the cases of conviction for possessionof marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence. Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Convictionof this offense will result in loss of your operator's license for a period of and you cannot qualify for awork permit for days.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs. RECITATION OF RIGHTS: You have the absolute right to remain silent. Anything you say will be used against you. You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt.

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E-FILED 2015 AUG 14 4:12 PM SAC - CLERK OF DISTRICT COURT

You have the right to be represented by an attorney and one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.

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

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

Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonably assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release: You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your license is suspended. You must obey all laws of Iowa and the United States. You must post a bond in the amount of $. DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST. PRELIMINARY HEARING Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney in this county.

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The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Preliminary Hearing is scheduled on 09/01/2015 at 10:15 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. in the magistrate courtroom. If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County AttorneyDefendantSac County SheriffThe Court has provided a copy to the Defendant

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State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2015-08-14 16:12:17

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Rule 2.32 - Form 1: Financial Affidavit and Application for Appointment of Counsel

In the Iowa District Court for f~)CLC J County

DISTRICT-COUrt i UF IOWA SAC COUNTY

TILED

2015 AUG !7 AH 9: 18

State of Iowa or

Plaintiff/Petitioner,

Defendant/Respondent.

Financial Affidavit and Application for Appointment of Counsel

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

Name: l\ il /VV*»'} Ci f \ Date of birth: ^ / Z f f / ^ C J

Home phone: phone:

Street address: l~STO A) . £ / L f ? l 11 I ^ H ^ . W . h k

V

Street/P.O.Box Apt# City 'State Zip

charges: h C S ^ V I r Q r , \ t , A f , u \ \ J f J l f e f o l n a i l ? • Yes (3 Pending No

Do you have ajob? • No job • Yes, full time^ C^Yes, part time (list hours per week: •• / iL )

Who do you work for? C A j X y

How much money do you currently make, before taxes or deductions? \ *

per • hour^d month • year

How much money have you made in the last 12 months from any source, before taxes or deductions?

How many family members are supported by or live with you? {J

If a spouse lives with you, how much money does your spouse make? A)/ ' r per • hour • month • year

List all other money you, and anyone else living in your household, has coming in: JP '^„tf^flT}

List what you own. including money in banks, cars^trucks, other vehicles, land, houses, buildings, cash, or anything r j else worth more than $100:

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

z on _ / <rW. i tcHtj**

I understand I may be required to repay the state for all or part of my attorney fees and costs, I may be required to sign a wage assignment, and I must report any changes in the information submitted on this financial affidavit. I promise under penalty of perjury that the statements I make in this application are true, and that I am unable to pay for an attorney to represent me.

Date >/̂ ///r Signature * 6 "t-f J

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ANTHONY JON BACHMAN , DEFENDANT.

02811 SRCR012912

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. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: ORDER APPOINTING

So Ordered


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THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.SRCR012912

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

ANTHONY JON BACHMAN )

)

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


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs ANTHONY JON BACHMAN , Defendant.

Case No: 02811 SRCR012912 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 10/07/2015 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 SEP 28 10:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMAN

So Ordered

Electronically signed on 2015-09-28 10:22:06 page 2 of 2


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ANTHONY JON BACHMAN,

DOB: 6-4-1969

Defendant.

No. SRCR012912

TRIAL INFORMATION

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, ANTHONY JON BACHMAN (“Defendant”) of the

crime of ASSAULT – USING A DANGEROUS WEAPON, an Aggravated

Misdemeanor in violation of Iowa Code section 708.2(3), committed as

follows: Defendant, on or about August 13, 2015, in Sac County, Iowa,

did an act which was intended to cause pain or injury and/or result in

physical contact which was insulting or offensive and/or place Mark

Blunk in fear of an immediate physical contact which would have been

painful, injurious, insulting or offensive to Mark Blunk. Defendant had

the apparent ability to do the act. Defendant’s act caused a bodily injury

to Mark Blunk.

COUNT II

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, ANTHONY JON BACHMAN (“Defendant”) of the

crime of DRIVING WHILE LICENSE DENIED OR REVOKED, a Serious

Misdemeanor in violation of Iowa Code section 321J.21(1), committed as


follows: Defendant, on or about August 13, 2015, in Sac County, Iowa,

drove a motor vehicle was his license was suspended, denied, revoked, or

barred.

A TRUE INFORMATION

______________________________ BENJAMIN JOHN SMITH

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


WITNESS LIST:

MICHELLE PEDERSEN, Peace Officer, Lake View Police Department

TORY CUDABACK, Deputy Sheriff, Sac County Sheriff’s Office

KIM SNOOK, Director of Office of Driver Services, Iowa DOT

MARK BLUNK, Victim



Type: Approval of Trial Information


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



E-FILED 2015 OCT 06 10:21 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 OCT 06 10:21 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. ANTHONY JON BACHMAN , Defendant.

Case No: 02811 SRCR012912 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on October 6, 2015. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 11/18/2015 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 12/15/2015 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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E-FILED 2015 OCT 06 1:31 PM SAC - CLERK OF DISTRICT COURT

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 TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. ANTHONY JON BACHMAN, Defendant.

No. SRCR012912 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 November 18, 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, Charles Schulte. The parties, through the undersigned, represent to the Court that an agreement has been reached, the terms of which are as follows:

1. Defendant has agreed to plead guilty to count one amended to serious assault, a serious misdemeanor, and pay costs and the minimum fine.

2. The State has agreed to dismiss count two and dismiss the Trial Information filed in SRCR012958.

3. Defendant intends to waive presence at sentencing and the time to waive time between plea and sentencing.

STATE OF IOWA

_______________________ BENJAMIN JOHN SMITH

Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City, IA 50583 Telephone: 712-662-479

[email protected]

E-FILED 2015 NOV 18 11:27 AM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. ANTHONY JON BACHMAN , Defendant.

02811 SRCR012912

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 12/02/2015 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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E-FILED 2015 NOV 18 1:18 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: OTHER ORDER

So Ordered


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STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012912 Plaintiff,

AMENDED TRIAL INFORMATION vs. COUNT I

ANTHONY JON BACHMAN,DOB: 06/04/1969 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, Anthony Jon Bachman

of the crime of ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, a Serious

Misdemeanor in violation of Iowa Code Sections 708.1(2) and 708.2(2) committed as follows:

The said Defendant, Anthony Jon Bachman, on or about August 14, 2015 in the

County of Sac and State of Iowa, did unlawfully and willfully assault Mark Blunk causing bodily

injury or mental illness.

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]


mailto:[email protected]


Type: Approval of Trial Information


On this date, I have reviewed the attached Amended Trial Information and find that itcontains evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury.Being satisfied from the showing made that the case should be prosecuted, I approve theAmended Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, No. SRCR012912

Plaintiff,REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIALINFORMATION- Count I

ANTHONY JON BACHMAN, 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 Count I the amended chargeof: ASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, a SeriousMisdemeanor in violation of Iowa Code Sections 708.1(2) and 708.2(2).

5. A copy of the amended and substituted Trial Information for Count I is submitted tothe Court.

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

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 November 23, 2015by: [ ] U.S. Mail [ ] Fax

[ ] Certified Mail [x ] EDMSSignature: /s/Norma Hecht


mailto:[email protected]

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ANTHONY JON BACHMAN, Defendant.

Case No. SRCR012912

ORDER

NOW, on this 23rd day of November, 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 Assault Causing

Bodily Injury or Mental Illness, a Serious Misdemeanor, in violation of Iowa Code

Sections 708.1(2) and 708.2(2).

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff / Petitioner, vs. ANTHONY JON BACHMAN , Defendant / Respondent.

02811 SRCR012912

ORDER OF CONTINUANCE

Upon oral application of defense counsel to continue guilty plea hearing and with agreement of theState of Iowa: This matter is continued, Hearing is scheduled on 12/16/2015 at 9:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2015 DEC 03 2:04 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2015 DEC 03 2:04 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. ANTHONY JON BACHMAN , Defendant.

02811 SRCR012912

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 01/06/2016 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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E-FILED 2015 DEC 16 10:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: OTHER ORDER

So Ordered


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E-FILED 2015 DEC 16 10:36 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff / Petitioner, vs. ANTHONY JON BACHMAN , Defendant / Respondent.

02811 SRCR012912

ORDER OF CONTINUANCE

Defendant did not appear for guilty plea hearing and did not file a written plea of guilty. Hearing will becontinued at the request of the parties. This matter is continued, Hearing is scheduled on 01/20/2016 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2016 JAN 11 10:17 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012912 STATE VS ANTHONY JON BACHMANType: ORDER FOR CONTINUANCE

So Ordered


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A.

STATE OF IOWA,Plaintiff,

VS.

ANTHONY JON BACHMAN.DOB: 0610411969

Defendant.

x

**x

No. SRCR0l29l2GUILTY PLEA. COUNT I

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

COUNT I

I am charged with ASSAULT - USING A DANGEROUS WEEAPON, an AggravatedMisderneanor in violation of Iou,a Cocle Section 708.2(3). In conjunction with a PleaAgreement rnade with the Sac County Attorney whereby he willamend Count I to a charge ofASSAULT CAUSING BODILY INJURY OR MENTAL ILLNESS, in violation of IowaCode Sections 708.1(2) and 708.2(2), a Serious Misderneanor; I now request that myplea ofnot guilty be changed to a Plea of Guilty to the amended charge of ASSAULT CAUSINGBODILY INJURY OR MENTAL ILLNESS, in violation of Iowa Code Sections 708.1(2)and 7 08.2(2), a Serious Misdemeanor

The maximum punishment for a Serious Misdemeanor is irnprisonment of not more than oneyear in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all courtcosts and all costs and fees incumed for legal assistance. There is a minimum fine of $315.00,plus a 35o% surcharge in the amount of $110.25, which is irnmediately due on the date ofsentencing, unless I request a paynent plan witliin thirly days of the Judgment entry date. lnaddi t ion, i f t l re charge is a v io la t ion of Code Sect ions, 124,155A,4538,713,714,7154,716,719.8,725.1,725.2 or 725.3, there is an addit ional Law Enforcement Init iat ive surcharge of$125. In addition, I rnay be required to pay corectional fees for incarceration and enrollmentfees for probation. I arn aware that sentencing options rnay include deferral of Judgment andSentence, the grant of probation and the suspension of the sentence irnposed.

I understand that a criminal conviction, defbned judgrnent or defened sentence may affect mystatus under fbderal irnnrigration laws.

If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(l). The right to a speedy and public trial by a jury of twelve people.(2). The right to have an attorney represent rne 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 forcedto testify, and if I choose not to testi$r, the State maynot comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt frorn rny failure to testify.

B.

C.

D.


(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 testi$r on my behalf and tocompulsory process to secure those witnesses.

E. By pleading guilty, tltere 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 examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative repofts of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summaize the material factstliat would be offbred at trial.The Courl ltas the cliscretion to accept or rejcct any plea agreement made between the Stateand myself. The plea agreement is: The County Attornelr will amend Count I to AssaultCausing Bodily Injury or Mental Illness a Serious Misdemeanor. and I will plead guilty to theamended charge. I will be sentenced to serve 30 days in the Sac Countlr Jail. all of which willbe suspended with credit for time served. I will be placed on informal probation to the SacCounty Probation Officer fbr a period of one year fron'r the Judgrnent entry. I will pay a finein the arnount of $315.00. plus the 350% sr"rrcharge inthe arnount of $110.25. court costs. andcourt appointed attorney fees: to be paid as set out in the pa-lnnent plan approved in the SacCounty Probation Agreement. As parl of the plea agreernent the County Attorney willrecomrnend disrnissal of Count II of thc Trial Inforrnation and disrnissal of Sac County DistrictCourt criminal cause #SRCR0l2958. rvith court costs assessed to the defendant.

This plea agreement includes that I will be responsible to pay court costs, paynnent of allcosts and fees incuned for legal assistance, victirn restitution, corection (ail) fee for any jailtime and 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 inforrned that the elements of thecrime are: A person commits assault by, without justification, commits any act which isintended to cause pain or injury to, or which is intended to result in physical contactwhich will be insulting or offensivc to another, coupled with the apparent ability toexecute the act, and did cause a bodily injury to the victim. I understand the nature of thecharge against me.

This offense was committed by me in Sac Countv" Iowa by my doing the following: Onor about the 13th dav of Ausust 2015 at Dixie Land Trailer Court. 650 North StateRoad" # 4. Lake View. I did assault Mr. Mark Blunk. without iustification. bv hittinsMr. Mark Blunk in the face and causins bodilv iniury to Mr. Mark Blunk.

I hereby state that I submit this written plea of guilty with fullknoivledge and waiver of rny 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 time of this guilty plea.

G. If the Courl accepts rny plea of guilty, I realize:(l) 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, I


must file a Motion in Arrest of Judgrnent 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 irnposes 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 rny 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 nersonallv.

WAIVER OF MOTION IN ARREST OF JUDGMENT

If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:

l. [n order to contest this plea o1'guilty, I must file a Motion in Arrest of Judgment no laterthan 45 days after a plea of guilty and no later than 5 days prior to pronouncenent 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 .Iudgment willbe waived by having the Court impose a sentence now.

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

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

WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at rny sentencingand present evidence in my own behalf. I understand that it is rny choice to be present or not, andthat 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.

STATE OF IOWA

SAC COUNTY

thony Jon Baclunan

Attorney for Defendant, Charles Schulte

On this | / a^v of 9*^ 2015 before mc the undersignecl, a Notary Public in and for saidState, personally appeared T--T"tho^f [3o, [, n, e ^ , to me known to be theidentical person named in and who executed thy'foregoing instrumcnt, and acknowle_dged t at he executed the

W=

same of his voluntary act and deed

Notary Public in and for the State of Iowa


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STATE OF IOWA, Plaintiff, v. ANTHONY JON BACHMAN, Defendant.

SRCR012912

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: January 20, 2016

CHARGE: Count I: Assault Causing Bodily Injury, a serious misdemeanor, as amended, in violation of Iowa Code § 708.1(2) and 708.2(2)

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 $315.00; (2) a 35% surcharge of $110.25;

(3) court-appointed attorney fees. The Court has determined, by information presented by the parties, that

Defendant is able to pay court-appointed attorney fees; (4) restitution in an amount to be determined at a later time.

The State shall file a statement of pecuniary damages within 30 days of today’s date, or no restitution shall be ordered. Upon filing of such a statement, the amount claimed in the statement shall be considered to be ordered to be paid unless Defendant objects to the claimed amount by filing an objection within 10 days of the filing of the statement. In that event, the Court shall issue an order establishing the


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restitution amount, with or without a hearing as the Court deems appropriate; and

(5) the court costs of this action. Defendant shall pay all financial obligations owed to the Clerk of

Court of this county or online at www.iowacourts.gov. All such financial obligations shall be paid in full on or before the 30th day following the filing of this Order. If the financial obligations are not paid in full within 30 days of filing of this Order, it may be considered a violation of this Order and the terms of Defendant’s probation. In addition, pursuant to Iowa Code Section 602.8107, a failure to pay in full within 30 days may result in this case being 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;

b. Defendant shall serve thirty (30) days in the county jail. This

sentence is suspended in its entirety. Defendant shall be given credit for time previously served. The County Sheriff shall designate the appropriate county jail facility.

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

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

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


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(2) Defendant shall obey all laws; (3) If Defendant becomes eligible for reinstatement of

Defendant’s driver’s license during the term of probation, Defendant shall take all steps necessary to obtain a valid driver’s license as soon as Defendant is eligible;

(4) Defendant shall be employed full-time, attending school full-

time, or engaged in a full-time combination of employment and school attendance during the period of probation;

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

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

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 $2,000.00, 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. 7. IT IS FURTHER ORDERED that Count II of the Trial Information as well as Sac County Case No. SRCR012958 are dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel County Sheriff



Type: OTHER ORDER


So Ordered



E-FILED 2016 JAN 22 12:29 PM SAC - CLERK OF DISTRICT COURT

Documents

SRCR012912 -.pdf