Ida Grove Woman Found Guilty of OWI 2nd Offense

8/12/2019 Ida Grove Woman Found Guilty of OWI 2nd Offense

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E-FILED 2014 FEB 22 12:12 AM SAC - CLERK OF DISTRICT COURT


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

vs.

KAYLA JEAN MCKEE , Defendant.

Case No: 02811 OWCR012505

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 $1875 or more than $6250 plus 35% surcharge and courtcosts

You will lose your license for a minimum of 365 days and cannot obtain a work permit forundetermined 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 03/17/2014 at 9:30 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 TitleOWCR012505 STATE VS KAYLA JEAN MCKEEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-24 09:48:15

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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012505

Plaintiff,

vs. TRIAL INFORMATION

KAYLA JEAN MCKEE,

DOB: 01/08/1987 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa andin the name and by the authority of the State of Iowa, accuses Defendant, Kayla Jean Mckee ofthe crime ofOPERATING WHILE INTOXICATED, SECOND OFFENSE, an AggravatedMisdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Kayla Jean Mckee, on or about February 21, 2014, in the County

of 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 such

substances;

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 the

person's blood or urine;

and Defendant having been convicted of the crime once before; the said Defendant, Kayla

Jean Mckee having been convicted of the crime of Operating While Intoxicated in Crawford

County Iowa, in Crawford County District Court, Count II of Criminal Cause #AGCR062635, on

September 15, 2008.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithSac County Courthouse

100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. KAYLA JEAN MCKEE----------------------- WITNESS LIST

Criminal No. OWCR012505

COUNT I: Operating While Intoxicated, Second Offense

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

KAREN KAHL, CLERK OF DISTRICT COURT, STATE OF IOWA, CRAWFORD COUNTY CLERK OF

DISTIRCT COURT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST, CRIMINALIST,

IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION CRIMINALISTICSLABORATORY



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Type: Approval of Trial Information

Case Number Case Title

OWCR012505 STATE VS KAYLA JEAN MCKEE

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 2014-03-07 08:45:38 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

KAYLA JEAN MCKEE ,

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 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 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




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E-FILED 2014 MAR 14 4:55 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 MAR 14 4:55 PM SAC - CLERK OF DISTRICT COURT


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.KAYLA JEAN MCKEE ,

DEFENDANT.

Case No. 02811 OWCR012505

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onMarch 14, 2014.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Reed H. Reitz.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on May 13, 2014 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 05/05/2014at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYREED HENRY REITZ

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Case Number Case TitleOWCR012505 STATE VS KAYLA JEAN MCKEEType: ORDER SETTING TRIAL

So Ordered


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.KAYLA JEAN MCKEE ,

Defendant.


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

The defendant having filed a written arraignment in this matter on March 14, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas 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 THE

DEFENDANT'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 the

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

the Sheriff during regular office hours.

The Order filed on March 17, 2014 by the District Court was entered in error. The pretrial conferencescheduled for May 5, 2014 at 9:00 a.m. is rescheduled as set forth above.

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

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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.

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 TitleOWCR012505 STATE VS KAYLA JEAN MCKEEType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

KAYLA JEAN MCKEE,

Defendant.

Case No. OWCR012505

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On May 6, 2014, the parties conducted a Pretrial Conference as ordered or in

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

Ben Smith, and that defendant was / is represented by Attorney Reed Reitz 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 will plead guilty, pay the minimum fine and all other applicable costs

and fees, serve a 90-day jail sentence, with all seven days suspended with

defendant placed on informal probation, with defendant being able to serve said

sentence in 48-hour increments and be eligible for the Sac County Jails work-

release program; and the State will recommend all the above.

Defendant intends to submit a written guilty plea by May 21, 2014.

Defendant intends to waive presence at sentencing.

Defendant intends to waive time between plea and sentencing.

__________________________

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 06 7:31 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.

KAYLA JEAN MCKEE ,

Defendant.

02811 OWCR012505

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 05/21/2014 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 07 9:07 AM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012505 STATE VS KAYLA JEAN MCKEEType: OTHER ORDER

So Ordered


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THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, )

) CRIM. NO. OWCR012505Plaintiff, )

) UD!MENT ENTRY

"#. )) C$a%&' ( O'%atin& W$il' Int*+iat'-

AY/A MEE, ) 2n-*ff'n#') S'ti*n ( 21.2, I*a C*-'

D'f'n-ant. )

T$' D'f'n-ant ai"'# $'% '%#*nal a'a%an' an- a'a%# 3 *4n#'l, R''- R'it, at t$' ti6'

*f #'nt'nin&, Ma3 21, 2017, *n t$' $a%&' *f O'%atin& W$il' Int*+iat'-, 2n-Off'n#', in "i*lati*n *f

S'ti*n 21.2 *f t$' I*a C*-'. T$' Stat' a'a%# 3 Sa C*4nt3 Att*%n'3 8'n S6it$.

T$' C*4%t %''i"'- t$' '"i-'n' an- a%&46'nt# *f t$' a%ti'#. T$' a%ti'# in-iat' n* l'&al

a4#' $3 t$' C*4%t #$*4l- n*t %*''-.

T$' D'f'n-ant i# a-94-&'- &4ilt3 *f O'%atin& W$il' Int*+iat'-, 2n-Off'n#', in "i*lati*n *f

S'ti*n 21.2 *f t$' I*a C*-'.

T$' D'f'n-ant i# #'nt'n'- t* ' ina%'%at'- in t$' Sa C*4nt3 ail f*% a '%i*- *f :0 -a3#, it$

%'-it f*% ti6' #'%"'-, if an3, a# '%tifi'- 3 t$' S$'%iff. All 4t #'"'n ;?$*4% in%'6'nt#. D'f'n-ant 6a3 #'%"' t$i#

#'nt'n' "ia t$' Sa C*4nt3 ail W*%@ R'l'a#' P%*&%a6 an- t$' ti6' 6a3 ' #'%"'- in t$' I-a C*4nt3

ail if n* *9'ti*n 3 t$' Sa C*4nt3 S$'%iff. D'f'n-ant 6a3 #4#tit4t' a 7>?$*4% W''@'n- Off'n-'%

Al*$*l P%*&%a6 f*% 7> $*4%# 9ail ti6'.

T$' D'f'n-ant i# f4%t$'% #'nt'n'- t* a3 a fin' in t$' #46 *f 1,>


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. D'f'n-ant #$all *6l't' t$' %'*66'n-ati*n# *f t$' #4#tan' a4#' '"al4ati*n an-*6l't' t$' -%in@in& -%i"'%B# *4%#'.

7. D'f'n-ant #$all a#tain f%*6 t$' 4#' an- *##'##i*n *f al*$*li '"'%a&'# an-*nt%*ll'- #4#tan'#.

5. D'f'n-ant #$all n*t 'nt'% an3 4#in'## '#tali#$6'nt $'%' 50 *f t$'i% %*fit# a%'6a-' 3 t$' #al' *f al*$*li '"'%a&'#.

=. D'f'n-ant #$all n*t *'%at' a 6*t*% "'$il' 4nl'## %*'%l3 li'n#'- an- in#4%'-.T$' %'a#*n# f*% t$i# #'nt'n' inl4-' t$' f*ll*in& D'f'n-antB# a&' %i*% %i6inal $i#t*%3

attit4-' t*a%- %'$ailitati*n fat# an- i%46#tan'# *f t$i# a#' fa6il3 an- '6l*36'nt

i%46#tan'# n''- f*% %*t'ti*n *f t$' *664nit3 an- -'t'%%'nt i6at 4*n D'f'n-ant an- *t$'%#

#i6ila%l3 #it4at'-.

Any bond money previously posted is released and exonerated.

8*n- *n a'al i# #'t in t$' #46 *f 2,000.

Cl'%@ t* f4%ni#$ *i'# t*C*4nt3 Att*%n'3D'f'n#' C*4n#'lI*a D.O.T.Sa C*4nt3 ail



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Type: OTHER ORDER



So Ordered




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Ida Grove Woman Found Guilty of OWI 2nd Offense

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