Early Man Pleads Guilty to Reckless Driving

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Transcript of Early Man Pleads Guilty to Reckless Driving

E-FILED 2014 FEB 01 3:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 9:20 AM SAC - CLERK OF DISTRICT COURT

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

Case No: 02811 OWCR012495

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(c) - OPERATING WHILE UNDER THE INFLUENCE 3RD 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 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 D 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 5 Years Prison And/Or a fine of not less than $3,125 or more than $9,375 plus 35%25 surcharge andcourt costs You will lose your license for a minimum of 2,190 days and cannot obtain a work permitfor undetermined 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 ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE. 6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff 2 of 3

E-FILED 2014 FEB 03 10:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-03 10:21:49

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E-FILED 2014 FEB 03 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, : CRIMINAL NO.: OWCR012495

Plaintiff, :

vs. :

APPEARANCE; PLEA;

ROSS JOSEPH RENZE, : WAIVER OF PRELIMINARY

HEARING; AND REQUEST

Defendant. : TO CONSOLIDATE

COMES NOW attorney, Robert G. Rehkemper, and hereby enters his

Appearance for the Defendant in the above captioned case. The Defendant pleads

NOT GUILTY and waives Preliminary Hearing. Defendant further requests that

any companion citations and/or misdemeanors be consolidated and that an

arraignment date be set.

Respectfully submitted,

Gourley, Rehkemper & Lindholm, PLC

________________________________

By: Robert G. Rehkemper, AT6553

440 Fairway, Suite 210

West Des Moines, IA 50266

Telephone Number (515) 226-0500

Facsimile: (515) 244-2914

E-mail: [email protected]

ATTORNEY FOR DEFENDANT

ORIGINAL FILED.

Copy to:

Sac County Attorney

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument was

served upon all parties to the above cause to each of the attorneys

of record herein at their respective addresses disclosed on the

pleadings on February 4, 2014.

By: □ U.S. Mail □ FAX

□ Hand Delivered □ Overnight Courier

□ Certified Mail □ Other

Michelle Nulph

E-FILED 2014 FEB 04 10:10 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 10 12:54 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012495 Plaintiff, vs. TRIAL INFORMATION

ROSS JOSEPH RENZE,DOB: 12/19/1984 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, Ross Joseph Renzeof the crime of OPERATING WHILE INTOXICATED, THIRD OR SUBSEQUENT OFFENSE, aClass D Felony in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Ross Joseph Renze, on or about January 31, 2014 in the Countyof Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more ofthe following means:

a. While under the influence of an alcoholic beverage or drugs or a combination of suchsubstances; b. While having an alcohol concentration of .08 or more as measured in the person's breath,blood or urine; c. While any amount of a controlled substance is present in the person as measured in theperson's blood or urine.

And Defendant having been convicted of/received a deferred judgment for such anoffense two or more times before;

the said Defendant, Ross Joseph Renze having received a deferred judgment for thecrime of Operating While Intoxicated in Sac County Iowa, Sac County District Court, Cause No.OWCR009314 on July 21, 2003;

and the said Defendant, Ross Joseph Renze having been convicted of the crime ofOperating While Intoxicated in Carroll County Iowa, Carroll County District Court, Cause No.OWCR007706 on February 16, 2005.

A TRUE INFORMATION

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

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ROSS JOSEPH RENZECriminal No. OWCR012495COUNT I: Operating While Intoxicated, Third or Subsequent Offense

NAMES OF WITNESSES:

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWADEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINILISTICTSLABORATORY

DONNA GEERY, CLERK OF COURT, SAC COUNTY IOWA CLERK OF DISTRICT COURT

LINDA FRANK, CLERK OF COURT, CARROLL COUNTY IOWA CLERK OF DISTRICT COURT

JACOB RAY MEISTER, OCCUPATION UNKNOWN

MELISSA SUE MEISTER, OCCUPATION UNKNOWN

SARA ANN SCHULTZ, OCCUPATION UNKNOWN

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZE

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-02-26 11:35:45 page 3 of 3

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs ROSS JOSEPH RENZE , Defendant.

Case No: 02811 OWCR012495 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 03/19/2014 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

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZE

So Ordered

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E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

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E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, : CRIMINAL NO.: OWCR012495

Plaintiff, :

vs. :

MOTION TO SUPPRESS

ROSS JOSEPH RENZE, :

Defendant. :

COMES NOW, the Defendant, Ross Joseph Renze, by and through his attorney,

Robert G. Rehkemper, and pursuant to Iowa Rule of Criminal Procedure 2.12, and for his

Motion to Suppress Evidence, states the following:

1. Defendant, Ross Renze, is charged with the crime of Operating While

Intoxicated in violation of Iowa Code section 321J.2.

Statement of Facts

2. On January 31, 2014, at approximately 11:33 p.m., Mr. Renze was arrested by

Deputy Kristan Erskine of the Sac County Sheriff’s Office for Operating While

Intoxicated.

3. Mr. Renze was subsequently transported to the Sac County Jail where implied

consent proceedings were invoked at approximately 12:03 a.m.

4. Upon arriving at the station, Mr. Renze invoked his rights pursuant to Iowa

Code section 804.20, calling his brother and requesting that his brother come down to the

Sac County Jail to consult with him.

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

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5. Mr. Renze then specifically requested an in-person consultation with his

brother prior to making his decision regarding chemical testing and at approximately

12:12:10 am, Mr. Renze told Deputy Erskine that he had someone coming to meet with

him shortly.

6. At 12:19:10 a.m, Deputy Erskine receives a phone call informing her that Mr.

Renze’s brother has arrived at the Sac County Jail and she leaves the room to speak with

his brother.

7. At 12:21:00 a.m., a male deputy informs Mr. Renze that his family members or

anyone else who comes to consult with him will not be allowed to do so and that any

further calls to get someone down to the station would be “a complete waste of time.”

8. At 12:21:50 a.m. the male deputy then requested that Mr. Renze make a

decision regarding chemical testing, stating that if Mr. Renze was to try to wait and not

make a decision that he would get marked as a refusal and “I’m pretty sure that’s not

what you want to do.”

9. After being refused his right to a consultation with a family member, Mr. Renze

submitted to the Datamaster test at 12:23:00 am, and was booked into the Sac County Jail

for Operating While Intoxicated.

Legal Argument

I. Iowa Code section 804.20 was violated.

10. Iowa Code section 804.20, states in relevant part:

“Any peace officer or other person having custody of any person arrested or

restrained of the person’s liberty for any reason whatever, shall permit that

person, without unnecessary delay after arrival at the place of detention, to

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

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call, consult, and see a member of the person’s family or any attorney of the

person’s choice, or both. Such person shall be permitted to make a reasonable

number of telephone calls as may be required to secure an attorney. . . . ”

(emphasis added)

11. The word “shall” imposes a duty. Iowa Code §4.1(30)(a); see also Didonato

v. Iowa Department of Transportation, 456 N.W.2d 367, 370 (Iowa 1990).

12. The officer’s duties under 804.20 are mandatory. See Didonato v. Iowa

Department of Transportation, 456 N.W.2d 367, 370 (Iowa 1990).

13. The statutory right of an arrestee to contact and consult with a family member

is neither more nor less qualified than the right to contact and see an attorney. See State

v. Moorehead, 699 N.W.2d 667 (Iowa 2005).

14. The opportunity to contact and see a family member or attorney must be

provided prior to the officer requiring a decision regarding chemical testing. See State v.

Vietor, 261 N.W.2d 828, 832 (Iowa 1978).

15. When an individual’s statutory right to contact an attorney or family member

prior to deciding whether or not to submit to chemical testing is violated, the test result or

test refusal is inadmissible at the criminal trial. Id.

16. In the instant case the facts are clear; Mr. Renze requested to consult in person

with a family member prior to making a decision regarding chemical testing. The officer

denied Mr. Renze’s request for an in-person consultation. As such, a violation of Iowa

Code section 804.20 occurred and the breath test obtained in this case must be suppressed

as well as all statements obtained from the defendant following the violation of 804.20.

See State v. Moorehead, 669 N.W.2d 667 (Iowa 2005).

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WHEREFORE defendant, Ross Joseph Renze, respectfully requests hearing on his

Motion and upon hearing, that all evidence obtained as a result of the violation of his

constitutional and statutory rights be suppressed.

Respectfully submitted,

Gourley, Rehkemper & Lindholm, PLC

________________________________

By: Robert G. Rehkemper, AT6553

440 Fairway, Suite 210

West Des Moines, IA 50266

Telephone Number (515) 226-0500

Facsimile: (515) 244-2914

E-mail: [email protected]

ATTORNEY FOR DEFENDANT

ORIGINAL FILED.

Copy to:

Sac County Attorney

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument was

served upon all parties to the above cause to each of the attorneys

of record herein at their respective addresses disclosed on the

pleadings on March 18, 2014.

By: □ U.S. Mail □ FAX

□ Hand Delivered □ Overnight Courier

□ Certified Mail □ Other

Michelle Nulph

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE , Defendant.

Case No: 02811 OWCR012495 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 18, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 05/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 MAR 18 12:37 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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E-FILED 2014 MAR 18 12:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZEType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-03-18 12:37:39

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E-FILED 2014 MAR 18 12:37 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE , Defendant.

Case No: 02811 OWCR012495 ORDER SETTING HEARING

The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set forhearing. IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 04/02/2014 at 11:00 AM at theSac Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1. One hour has been scheduled for said hearing. Clerk to provide copies to:County AttorneyAttorney of Record

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E-FILED 2014 MAR 18 12:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZEType: ORDER SETTING HEARING

So Ordered

Electronically signed on 2014-03-18 12:39:57

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, : CRIMINAL NO.: OWCR012495 Plaintiff, : vs. : ORDER SUPPRESSING ROSS JOSEPH RENZE, : CHEMICAL TEST RESULT Defendant. :

The Court having reviewed Defendant's Motion to Suppress Evidence

and being advised that the State of Iowa stipulates to the facts set forth in

Defendant’s Motion and no longer resists said Motion, FINDS that

Defendant’s Motion should be granted.

IT IS THEREFORE ORDERED that Defendant’s Motion to Suppress

Evidence is granted for the reasons set forth in Defendant’s Motion.

Defendant’s failure of the chemical test of his breath on February 1, 2014,

is hereby suppressed.

E-FILED 2014 APR 02 1:34 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZE

So Ordered

Electronically signed on 2014-04-02 13:34:41 page 2 of 2

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E-FILED 2014 APR 03 1:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 03 1:14 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, No. OWCR012495Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONROSS JOSEPH RENZE,

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. For Count I, upon the entry of the order suppressing the Chemical Test Result, as partof a Plea Agreement, Defendant is pleading to the charge of: Reckless Driving, a SimpleMisdemeanor in violation of Iowa Code Section 321.277

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 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 April 3, 2014by: [ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [ ] Overnight Courier[ ] Certified Mail [x ] EDMS

Signature: /s/Norma Hecht

E-FILED 2014 APR 03 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012495 Plaintiff, AMENDED vs. TRIAL INFORMATION

ROSS JOSEPH RENZE,DOB: 12/19/1984 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, Ross Joseph Renze of

the crime of RECKLESS DRIVING, a Simple Misdemeanor in violation of Iowa Code Section

321.277 committed as follows:

The said Defendant, Ross Joseph Renze, on or about January 31, 2014, in the County

of Sac and State of Iowa, did unlawfully and willfully drive any vehicle in such a manner as to

indicate either willfull or a wanton disregard for safety of persons or property.

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 APR 03 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE , Defendant.

02811 OWCR012495

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 04/16/2014 at9:00 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 APR 03 2:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZEType: OTHER ORDER

So Ordered

Electronically signed on 2014-04-03 14:08:09

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E-FILED 2014 APR 03 2:08 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE, Defendant.

Case No. OWCR012495

ORDER

NOW, on this 3rd day of April, 2014, 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 Reckless

Driving, a Simple Misdemeanor, in violation of Iowa Code Sections 321.277.

Clerk to furnish copies to: County Attorney Defense Counsel

E-FILED 2014 APR 03 2:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZE

So Ordered

Electronically signed on 2014-04-03 14:11:16 page 2 of 2

E-FILED 2014 APR 03 2:11 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

______________________________________________________________________________

STATE OF IOWA, : CRIMINAL NO.: OWCR012495

Plaintiff, :

v. :

ROSS JOSEPH RENZE, : PLEA OF GUILTY

Defendant. :

______________________________________________________________________________

COMES NOW the defendant, Ross Renze, by and through the undersigned attorney, and

hereby enters his plea of guilty to the charge of Reckless Driving in violation of Iowa Code

Section 321.277. The Defendant to pay a fine in the amount of $625.00 plus court costs and

surcharge.

Respectfully submitted,

Gourley, Rehkemper & Lindholm, PLC

________________________________

By: Robert G. Rehkemper, AT6553

440 Fairway, Suite 210

West Des Moines, IA 50266

Telephone Number (515) 226-0500

Facsimile: (515) 244-2914

E-mail: [email protected]

ATTORNEY FOR DEFENDANT

Original filed.

Copy to:

Sac County Attorney

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing instrument was served upon all

parties to the above cause to each of the attorneys of record herein at their

respective addresses disclosed on the pleadings on April 3, 2014.

By: □ U.S. Mail □ FAX

□ Hand Delivered □ Overnight Courier

□ Certified Mail □ Other

Michelle Nulph

E-FILED 2014 APR 03 3:12 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

) CRIM. NO. OWCR012495

Plaintiff, )

)

vs. )

) JUDGMENT AND SENTENCE

ROSS JOSEPH RENZE, )

)

Defendant. )

BE IT REMEMBERED that on the 4th

day of April, 2014, the above-entitled matter came before

the Court for purposes of Defendant’s plea of guilty to an amended charge of Reckless Driving, a simple

misdemeanor, in violation of Iowa Code Section 321.277.

The Defendant appeared by his counsel, Robert G. Rehkemper, and the State was represented

by Sac County Attorney Ben Smith.

The Court on today’s date accepted Defendant’s plea of guilty as authorized in a written

communication from his counsel. The parties requested that they proceed to sentencing today.

IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the

crime of Reckless Driving, a simple misdemeanor, in violation of Iowa Code Section 321.277.

IT IS FURTHER ORDERED that Defendant shall be fined in the amount of $625.00, plus applicable

surcharge pursuant to Iowa Code Section 911.1(1) and court costs.

Defendant shall pay these financial obligations 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.

The reasons for this sentence include the following: Defendant’s age; prior criminal history;

attitude toward rehabilitation; facts and circumstances of this case; family and employment

circumstances; need for protection of the community and deterrent impact upon Defendant and others

similarly situated.

Any bond money previously posted is released and exonerated.

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT

The Defendant is advised of the right to appeal this Judgment and Sentence. Bond on appeal is

$500 cash.

IT IS FURTHER ORDERED that Case No. STA0019667 is dismissed upon motion of the county

attorney and pursuant to plea agreement. Costs are taxed to Defendant.

Clerk to provide copies to:

County Attorney

Defense Counsel

Iowa DOT

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleOWCR012495 STATE VS ROSS JOSEPH RENZESTA0019667 STATE vs. RENZE, ROSS JOSEPH

So Ordered

Electronically signed on 2014-04-04 09:47:51 page 3 of 3

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT