Arcadia Man Pleads Guilty to OWI 2nd

8/12/2019 Arcadia Man Pleads Guilty to OWI 2nd

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E-FILED 2014 FEB 03 8:29 AM SAC - CLERK OF DISTRICT COURT


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

vs.

AARON JACOB LIECHTI , Defendant.Defendant's Correct Address: 14767 180th St.,Arcadia, IA 51430

Case No: 02811 OWCR012494

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE

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 can

and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

One Year County Jail - Minimum days

2 Years Prison

And/Or a fine of not less than $1,875 or more than $6,250 plus 35% surcharge and courtcosts

You will lose your license for a minimum of 365 days and cannot obtain a work permit for365 days.

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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:

(1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST

WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis:

Waived

Preliminary Hearing is scheduled on 02/24/2014 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 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 Attorney

The Court has provided a copy to the DefendantDefendant

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Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012494 STATE VS AARON JACOB LIECHTIType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-03 09:04:52

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E-FILED 2014 FEB 10 2:37 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 FEB 10 2:37 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.AARON JACOB LIECHTI,

Defendant.

CASE NO. OWCR012494

TRIAL INFORMATION

COUNT 1

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 Ross Cameron Leonard (Defendant) of the crime of OPERATING

WHILE INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in

violation of Iowa Code Section 321J.2 committed as follows: On or about

February 1, 2014, in the County of Sac and State of Iowa, did unlawfully and

willfully operate a motor vehicle by one or more of the following means: while

under the influence of an alcoholic beverage or drugs or a combination of such

substances; or while having an alcohol concentration of .08 or more as measured

in the person's breath, blood or urine; or while any amount of a controlled

substance is present in the person as measured in the person's blood or urine.

Further, the Defendant, on or about November 13, 2009, was convicted of

OPERATING WHILE INTOXICATED FIRST OFFENSE in Carroll County, Iowa,

District Court Case No. OWCR009670

____________________________Benjamin John Smith - AT0008834

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]

E-FILED 2014 MAR 17 4:02 PM SAC - CLERK OF DISTRICT COURT


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WITNESS LIST

JOEL BURNS, Deputy Sheriff, Sac County Sheriffs Office

LINDA FRANK, Carroll County Clerk of District Court



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Type: Approval of Trial Information

Case Number Case Title

OWCR012494 STATE VS AARON JACOB LIECHTI

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

Angela L. Doyle

Electronically signed on 2014-03-17 16:02:52 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

AARON JACOB LIECHTI ,

Defendant.


ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATIONand the MINUTES OF EVIDENCEin this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 04/02/2014 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 shall

remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



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Type: ORDER FOR ARRAIGNMENT



So Ordered

Angela L. Doyle




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E-FILED 2014 MAR 26 9:47 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.AARON JACOB LIECHTI ,

Defendant.


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

The defendant having filed a written arraignment in this matter on March 26, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 05/21/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled.IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE

DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 06/24/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the

Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling

the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions

are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall

comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the

depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to

I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of

I.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 for

discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including

any 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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Case Number Case TitleOWCR012494 STATE VS AARON JACOB LIECHTIType: ORDER SETTING TRIAL

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

AARON JACOB LIECHTI,

Defendant.

Case No. OWCR012494

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On MAY 21 2014, the parties conducted a Pretrial Conference as ordered or in

anticipation of the same. The State of Iowa was / is represented by Sac County

Attorney Ben Smith. The Defendant was is / represented by Attorney Joe

Halbur. The parties, through the undersigned, represent the following to the

Court:A plea agreement has been reached the terms of which are as follows: The

Defendant agrees to 1) plead guilty to Count 1 as charged in the Trial

Information (OWI 2ND Offense); 2) pay the minimum fine, all applicable costs,

surcharges, and fees; 3) receive a 180-day suspended jail sentence with all but

seven days suspended, with credit for time already served; 4) be placed on

informal probation for one year; and 5) the State agrees to recommend the

foregoing disposition to the Court and 6) receive assurances from the Carroll

County Attorneys Office that it would not re-file its OWI 2nd Offense action

against Defendant (Carroll County District Court Case No. OWCR012494)

based on Defendants conduct / guilty plea herein. Defendant intends to submit

a written guilty plea by June 18, 2014. Defendant intends to waive presence at

sentencing (if known at this time). Defendant intends to waive time between plea

and sentencing (if known at this time).

__________________________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 2014 MAY 27 10:19 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,vs.

AARON JACOB LIECHTI ,

Defendant.

02811 OWCR012494

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 06/18/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.

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E-FILED 2014 MAY 27 4:37 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012494 STATE VS AARON JACOB LIECHTIType: OTHER ORDER

So Ordered


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E-FILED 2014 MAY 27 4:37 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 JUN 06 12:02 PM SAC - CLERK OF DISTRICT COURT


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THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )) CRIM. NO. OWCR012494

Plainti, )) ORDER ACCEPTIN! P"EA

#$. ) AND %UD!MENT ENTRY)

AARON %ACO& "IECHTI, ) C'a(* + OWI, S*-n O*n$*) S*ti-n + /21%.2, I-a C-*

D**nant. )

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Any bond money previously posted is released and exonerated.

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COPIES TOBC-3nt Att-(n*D**n$* C-3n$*lSa C-3nt S'*(iI-a D.O.T.



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Type: OTHER ORDER



So Ordered




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E-FILED 2014 JUN 09 8:59 AM SAC - CLERK OF DISTRICT COURT

Arcadia Man Pleads Guilty to OWI 2nd

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