Lytton Man Found Guilty of Assault Causing Bodily Injury

E-FILED 2013 NOV 29 2:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 8:53 AM SAC - CLERK OF DISTRICT COURT

IN THE IOT! { DISTRICT COT'RT FOR Sac COI 'NTY

ST.{TE OF IOW,t or v/cri^in^t Ci l i l

Plaintiff/?etit ioner.

FINAI{CIAL,\FFIDAVIT/APPLIC,T TIONFOR APPOINT\IENT OF COL NSEL

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

Bi r th Da te : l LoT 6 ,

Cell Phone: E-mail;

No.

Street Address:

Pending charges:

StreetP.O. Box

/ - \ s sau / f

..|,a16State zip

In Jail? O Yes ple--

)

Apt #

Do you have ajob? D No Job P-tks; Full Time o Yes, Parr Time (Lisr Hours/week:

wto do you work forz Mqrfin /li/Jr"t4 Co -

How much money do you cunently make before ta\es or deductions? 6{/Q hour D month 4 y.e'

How much money have you made in the last l2 months fiom any sourca, beforc taxes or deductions? .1,7 0 Oa . U p

How many family members are supponed by or tive with you?

Ifa spouse lives with you, how much money does your spous "

nud"l N /N per D hour Q monrh fl year

Listall other money you, or anyone else living in your househ old,has comingin: M0 n e

List dmounts )oupa, ,t.l l:,Uff:i"p]

,*"', trll;,H1]Tvj?lg1 1.I __

List ryhat you own including morey in barks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingclse worth more than $ 100:

I understand I may be required to rep,ry the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report rny changes in the inforrnation submitted on thisfinancial affidayit. I promise under pen!!lty of pcrjury that the statemcnts I make in this applicrtion are trueand that I am unable to pay for an attorney to represent me.

o""11/z/ 12 si,Jn^nu" Zt-) ).u.rn ZL--4==.'

Rrv I 1, . / l :


IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)

PLAINTIFF ) Crim No.SRCR012466

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

TIMOTHY J. BETERINK )

)

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



STATE OF IOWA, PLAINTIFF, VS. TIMOTHY J BEYERINK , DEFENDANT.

02811 SRCR012466

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 between 125% and 200% of the guidelines, not appointing would causefinancial hardship. Attorney Charles Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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E-FILED 2013 DEC 03 9:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: ORDER APPOINTING

So Ordered

Electronically signed on 2013-12-03 21:42:54

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TIMOTHY J. BEYERINK,

Defendant.

CASE No. SRCR012466

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, TIMOTHY J. BEYERINK (“defendant”) of the crime of WILLFUL INJURY, a Class “D” Felony in violation of Iowa Code sections 708.4 and 702.18, committed as follows: On or around November 28, 2013, in Sac County, Iowa, defendant assaulted Nathan Ramaekers by repeatedly striking Nathan Ramaekers in the head with a three-foot-long plastic ice scraper, which caused multiple lacerations to Nathan Ramaekers’ face and mouth. The defendant did this specifically intending to cause a serious injury to Nathan Ramaekers. The defendant’s act caused a bodily injury to Nathan Ramaekers.

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: [email protected]


WITNESS LIST

TORI CUDABACK, Deputy, Sac County Sheriff’s Office

JOEL BURNS, Deputy, Sac County Sheriff’s Office

MELISSA BEYERINK

CASEY HANKINS

NATHAN RAMAEKERS


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINK

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 2013-12-16 14:10:16 page 3 of 3



STATE OF IOWA,

Plaintiff,

v.

TIMOTHY J. BEYERINK,

Defendant.

CASE No. SRCR012466

ORDER SETTING ARRAIGNMENT

AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have been examined and found to contain sufficient evidence, if unexplained, to

warrant a conviction in a trial by jury, therefore, this matter shall be set for

Arraignment.

IT IS HEREBY ORDERED, the Defendant shall personally appear for

Arraignment at the Sac County Courthouse, District Courtroom, 100 NW State

Street, Sac City, Iowa on the December 30, 2013, at 9:00 a.m. The Defendant is

HEREBY NOTIFIED that failure to appear will result in the issuance of an arrest

warrant.

IT IS FURTHER ORDERED, the Defendant’s bond and conditions for release

from custody in this matter shall be: Bond previously set shall continue and the

Defendant shall obey all Federal, State, and Local laws.



Type: ORDER FOR ARRAIGNMENT


So Ordered


IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TIMOTHY J BEYERINK , Defendant.

02811 SRCR012466 ORDER RESCHEDULING ARRAIGNMENT

The above matter was set for arraignment on December 30, 2013. The matter needs to berescheduled. IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on01/15/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unlessa written arraignment and plea of not guilty document in a form substantially similar tothat set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file withthe Clerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment. Clerk to Send Copies to: County Attorney Chuck Schulte

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E-FILED 2014 JAN 06 3:36 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 JAN 06 3:36 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICT COI'RT FOR SAC COI-NTY

STATE OF- IOWA. CITIMINAL NO SRCROI2166

WRITTEN ARRAIGNMENT.

PLEA OF NOT GUII-TY

Date 'l'rial Inlbrmation filed: 1211612013

TIMOTHY.I. BEYEITINK

Defendant

COMES NOW the Defendant in the abovc-captioned criminal case and under oalh states:

I . I am represented by Attorncy Charles A. Schulte, whose address and phone numbcr are421 Main St. . PO Box 392. Sac City, IA. 50583;(712) 662-4715.

2. My current mailing and residence address and phone number are P.O. Box 212.Lytton, lA 50561. My pl ione numberis: (712) 887-1537. My datc of bir th is 12-07-1965. I can read and understand the English language and have cornpleted the followinglevel ofcducation: l2 Years.

4. I have been advised by m-v attorne"v and understand that I have a right to anaignmenlin open Court. and I voluntarily waive that right. choosing instead to sign this WrittenAnaignmcnt and Plea of Not Guilti". I understand that times for furlher proceedingswhich are computed from the date of aruaignment will be computed from thc date offiling this Written Arraignr"nent and Plea of Not Guilty.

5. I have received a copy of the l'rial Information whicl.r charges me with thc crime ofCOUNT l: WILLFUL INJURY in violation of Iowa Code Section 708'4 and 702.18.

6. With regard to the name by rvhich I an, charged in the Trial Information (either check"a" or check and complete "b"):

-2.g;4-{ The ncmc on the Trial Inlbrmation is my true namc. I have been advisedand undfrstand that I am now precluded from objecting to the frial Information upon theground that I am improperly named.

( )b. I'he name shou'n on the Trial Information is not my true name. My truename is. I request that an entry be made in the minutes showing my true name. I have

been adviscd and understand further procccdings will bc had against n.rc by that name.

the Trial L.rfbrmation will be amended accordingly, and when the l'rial Infbrmation is soamcnded. I will be precluded tiom objecting upon the grounds I am improperly named.

7. I have been adviscd and understand that I may plead guitty. not guilty or formerconviction or acquittal.

E-FILED 2014 JAN 15 11:40 AM SAC - CLERK OF DISTRICT COURT

8. Forthe purpose ofthis anaignment. I have had sufficient time to discuss my case withmy attorney, and I waive any lurther time in rvhich to enter a plea.

9. I plead NOT GUILTY to the charges in paragraph 5 above.

10. I have been advised and understand that I havc a right under Rule 2.33(2)(b) oftheIowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing ofthe Trial Inlbrniation and (check either "a" or "b"):

(;,)d I demand speedy trial pursuant to Rule 2.33(2)(b) and (c).

( ) b. I waive my, right to a speedy trial pursuant to Rule 2.33(2)(b) and (c).

I l. I request that a trial date be set pursuant to Rule 8.1 ofthe /owa Rules oJ CriminalProcedure. My attorney and I will be availablc for trial on the following days: AnyTime.

Original to be filed with Clerk of CourtCopy provided to:Sac County Attorney'

Attorney for Defendant


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

Case No: 02811 SRCR012466 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 15, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 02/19/2014 at 11:30 AM at the SacCo. 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 03/04/2014 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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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 TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 FEB 11 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 4:49 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

02811 SRCR012466

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 03/19/2014 at11:00 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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State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: OTHER ORDER

So Ordered


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STATE OF IOWA, No. SRCR012466Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONTIMOTHY JOSEPH BEYERINK,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of: ASSAULTCAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa CodeSections 708.1 and 708.2(2)

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.

/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]

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 February 24, 2014,by: [ ] U.S. Mail [ ] Fax

[ ] Hand Delivered [X] Email[ ] Certified Mail [X] EDMS

Signature: /s/Norma Hecht


mailto:[email protected]


STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012466 Plaintiff, vs. TRIAL INFORMATION

TIMOTHY JOSEPH BEYERINK,DOB: 12/07/1965 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County

Iowa and in the name and by the authority of the State of Iowa, accuses Defendant,

Timothy Joseph Beyerink of the crime of ASSAULT CAUSING BODILY INJURY, a

Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.2(2) committed

as follows:

The said Defendant, Timothy Joseph Beyerink on or about November 28,

2013 in the County of Sac and State of Iowa, did unlawfully and willfully assault Nathan

Ramaekers, causing bodily injury.

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]


mailto:[email protected]

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. TIMOTHY J. BEYERINK, Defendant.

Case No. SRCR012466

ORDER

NOW, on this 25th day of February, 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 Assault Causing

Bodily Injury, a Serious Misdemeanor, in violation of Iowa Code Sections 708.1 and

708.2(2).

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered



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

Plaintiff,VS.

TIMOTHY JOSEPH BEYERINK,DOB:1210711965,

Delendant.

No. SRCROl2466GUILTY PLEA

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

COUNT I

I am charged with MLLFUL INJURY, a Class "D" Felony in violation of lowa Code sections 708.4and 702.18. In conjunction wrth a Plea Agreement made with the Sac County Attomey whereby hewill amend Count I to a charge of ASSAULT WITH BODILY INJURY, in violation of IowaCode Section 708.1 pursuant to Section 708.2(2), a Serious Misdemeanor; I now request that myplea ofnot guilty be changed to a Plea of Guilty to the amended charge.

A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one yearin jail, and a fine ofnot more than $1,875.00 plus statutory surcharges, plus all court costs and allcosts and fees incurrcd for legal assistance. There is a minimum fine of $315.00, plus a 35%surcharge ur the amount of$100.80, which is immediately due on the date of sentencing, unless Irequest a pa).ment plant within thhly days of the Judgment entry date. In addition, if the chargeis a v io la t i on o f Code Sec t i ons , 124 , 155A,4538 ,713 ,714 ,715A,716 ,719 .8 ,725 .1 ,725 .2 o r725.3, there is an additional Law Enforcement Initiative surcharge of$125. I acknowledge thatthe Court may order me to perform community service work if the Court is of the opinion thatcommunity service work will deter and discourage others liom similar criminal activity. (Therate at which community service shall be calculated against my fine shall be the lederal minimumwage.) In addition, I may be required to pay conectional fees for incarceration and enrollmentfees for probation. I am aware that sentencing options may include defenal of Judgment andSentence, the grant ofprobatron and the suspension ofthe sentence imposed.

B. I understand that a criminal conviction, defened judgment or deferred sentence may affect mystatus under federal immigration laws.

C. If I plead not guilty, I would be entitled to the followurg rights. I give up these rights by pleadingguilty:( I ). The right to a speedy and public trial by a jury of twelve people.(2). The right to have an attomey represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3). At trial, I rvould be presumed innocent until such time, ifever; the State established my guilt

beyond a reasonable doubt.(4). At trial, a jury verdict of guilty would have to be unanimous.(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be fbrced totestifu, and if I choose not to testiry, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to ajury urstruction stating that the jury could notinfer guilt from my failure to testiff.(6). At trial, the State would havc to confront me with witnesses upon whose testimony it reliedto obtain conviction, and I would have the right to cross examine those witnesses.


D.

F

(7). At trial, I would be entrtled to present witnesses to testify on my behalf and to compulsory

process to secure those witnesses.

By pleading guilty, there will not be a trial of any kind. By pteading guilty, I waive my right to

trial. and will be treated as if I had been tried and found guilty by a jury.

The Court, ur determining whether there is a factual basis for this plea of guilty, may make such a

determination by examining the Minutes of Testimony attached to the Trial Information, by

reviewing the investigative reports of law enforcement agents who have investigated the offense,

or by askurg me or counsel to recite and summarize the material facts that would be offered at

trial.The Court has the discretion to accept or reject any plea agreement made between the State and

myself. The plea agreement is: The Count)' Attomelz will recommend that Count I be amended

attomey fees: to be paid as set out in the Probation Agreement.

I will comply with the Plan of Palment for Victim Restitution, court costs, fines, surcharges, andany other financial fees I am Court Ordered to pay. I will pay all amounts Ordered by the Judgnent,

by paying $75.00 per month to the Sac Countv Clerk ofCourt with palment to begin on the 15'n dav

ofthe month followinq the Judgmcnt entry. and shall continue on the l5'n dav ofeach month until paid

in fuII. HOWEVER, IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATION BEING PAID WITHIN 24 MONTHS OF THE DATE OF THISJUDGMENT, THE BALANCE IS DUE AT THAT TIME. I understand that if one paYment ismissed. the entire obliqation becomes immediatelv due.

This plea agreement includes that I will be responsible to pay court costs, payment of all

costs and fees incurred for legal assistance, vrctim restitution, correction (lail) fee for anyjail time

and all surcharges and mandatory punishments (see paragraph B) applicable to my case.

I now state to the Court that I am, in fact GUILTY and that no threats or promises have been

made to induce me to enter my plea of guilty. I have been informed that the elements of the

crime are: A person commits assault by, rvithout justification, commits any act which is

intended to cause pain or injury to, or which is intended to result in physical contact

which will be insulting or offensive to another, coupled with the apparent ability to execute

the act, and did cause a bodily injury to the victim. I understand the nature of the charge

agalnst me.

This offense was committed by me in Sac County, Iowa by my doing the following: On

or about the 28'h day of November 2013 at 120 Oak Street, Lytton lowa, I did assault

Mr. Nathan Ramaekers, without justification, by repeatedly striking Mr. Ramaekers in

the head with an ice scrapper, causing bodily injury to Mr. Ramaekers'face and mouth.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights

and I do so lieely and voluntarily. No threats have been made against me to obtain this guilty plea.

No promises of ]eniency or favorable treatment have been made, except for any plea bargain

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


F. Ifthe Court accepts my plea of guilty, I realize:(1). The Court will set a sentencing date not less than fifteen days after the date of its acceptanceof this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion ur Arrest ofJudgment at least five days prior to sentencing. The right to file aMotion in Arrest of Judgment will be waived by having the Court impose a sentence today.

(2). If the Court imposes 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 my guilty plea.

I ask the Coufi to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENTIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:

1. ln order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later than45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment,and that the Court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrestof Judgment will be waived by having the Court impose a sentence now.

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

I hereby request the Court sentence me now and I waive any time to which I may be entitled forsentencing 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 my sentencing andpresent evidence ur my own behalf I understand that it is my choice to be present or not, and that noone can exclude me from sentencurg.

With the above in mrnd, and further understanding that my decision whether to be present ornot is my own decision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.

-r4,.''

STATE OI' IOWA

SACCOUNTYSS

or ini"2-7 aa1 * 2t8 -,r0t,lbeforeme thc undersigned, a Notary Public in and for said Statc, pcrsonallyoppeared z , to me known to be the idcjttLical personjamed in and who

Defendant, Timothy Joseph

executed the lbregoing instmmcnt, and acknowledged that he

Public in and tbr


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

02811 SRCR012466

Order Accepting Pleaand Setting Sentencing

NOW on February 27, 2014, the defendant submits a verified Written Plea of guilty. Thedefendant is charged with Assault with Bodily Injury, in violation of Section 708.1, 708.2(2), of theIowa Code. The defendant states that defendant is ready to plead and enters a plea of guilty. The writtenplea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, withan understanding of the charge, with knowledge of the penal consequences of the plea, with fullknowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty,without any threats, improper inducements or persuasion, and the Court finds there is a factual basisfor the defendant's plea of guilty. The written plea indicates the defendant's informed understanding of defendant's rightscontemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; andState v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea ismade a part hereof by this reference. The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record. Sentencing Hearing is scheduled on 03/19/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa , in Courtroom 1 To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certifythe defendant's participation in fingerprinting procedures at or before the time set for judgment andsentencing proceedings.

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State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: ORDER TO ACCEPT PLEA

So Ordered


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E-FILED 2014 MAR 17 11:07 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

02811 SRCR012466

ORDER OF CONTINUANCE

Upon application of the Defendant and for good cause: This matter is continued, Sentencing Hearing is scheduled on 04/16/2014 at 10:00 AM at the SacCo. Courthouse, 100 NW State St., Sac City, Iowa. Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's AttorneyVictim

1 of 2


State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: ORDER FOR CONTINUANCE

So Ordered


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2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

Case No. 02811 SRCR012466 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: Charles SchulteOther: Defendant Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jessica J. Savits, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3): 1. The type of proceeding that was reported: Sentencing 2. The date(s) on which the proceeding occurred: April 16, 2014 3. The name of the court reporter who reported the proceeding: Jessica J. Savits 4. The name of the judge who presided over the proceeding: Adria Kester 5. The reporting fee for the proceeding: $40.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10. /s/ Jessica J. Savits ___________________________________ District Court Reporter These notes were electronically filed.

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E-FILED 2014 APR 16 10:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012466 STATE VS TIMOTHY J BEYERINKType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


2 of 2


THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, )

) CRIM. NO. SRCR012466 Plaintiff, )

) JUDGMENT ENTRY vs. )

) Charge – Assault Causing Bodily Injury, TIMOTHY J. BEYERINK, ) a Serious Misdemeanor, as amended

) Section – 708.1 and 708.2(2) Defendant. )

The Defendant appears personally and with counsel, Charles Schulte, at the time of

sentencing, April 16, 2014, on the charge of Assault Causing Bodily Injury, in violation of

Sections 708.1 and 708.2(2) of the Iowa Code. The State appears by Sac County Attorney Ben

Smith.

The Court received the evidence and arguments of the parties, and the Defendant is

given an opportunity to provide a statement. The parties indicate no legal cause why the Court

should not proceed.

The Court made findings as more fully set out in the verbatim record included herein.

The Defendant is adjudged guilty of Assault Causing Bodily Injury, in violation of Sections

708.1 and 708.2(2) of the Iowa Code.

The Defendant is sentenced to pay a fine in the sum of $315.00, plus a 35% surcharge, the

court costs of this action, and restitution in favor of Crime Victim Compensation Program in the sum

of $2,313.60. Defendant shall pay court-appointed attorney fees in a sum certified by Mr. Schulte.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online

at www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be

developed by the Defendant’s probation supervisor.

The Defendant is further sentenced to serve a period of 30 days in the custody of the

Sac County Sheriff, with credit for time served, if any, as certified by the Sheriff. This sentence

is suspended in its entirety and Defendant is placed on probation to the Sac County Probation

Office for a term of one year. Conditions of probation are as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of today’s

date to sign up for probation supervision.

2. Defendant shall pay the fine, surcharge, costs, attorney fees and restitution

according to a plan of payment to be developed by the probation officer.

3. Defendant shall obey all laws.


Any bond money previously posted is released and exonerated.

The Defendant was informed of his appeal rights. Bond on appeal is set in the sum of

$2,000, cash or surety.

Clerk to furnish copies to: County Attorney Defense Counsel Sac County Sheriff



Type: OTHER ORDER


So Ordered



E-FILED 2014 APR 17 2:28 PM SAC - CLERK OF DISTRICT COURT

Lytton Man Found Guilty of Assault Causing Bodily Injury

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