Lytton Man Pleads Guilty to OWI 1st

E-FILED 2014 JAN 10 2:13 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 10 9:22 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 13 3:50 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012482 Plaintiff, vs. TRIAL INFORMATION

GRANT DOUGLAS GRODAHL,DOB: 10/15/1989, 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, Grant Douglas

Grodahl of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious

Misdemeanor in violation of Iowa Code Sections 321J.2 committed as follows:

The said Defendant, Grant Douglas Grodahl, on or about January 10, 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:

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.

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 07 9:03 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

WITNESS LIST

STATE OF IOWA vs. GRANT DOUGLAS GRODAHLCriminal No. OWCR012482COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK OR DESIGNATED CRIMINALIST,CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMINALISTICS LABORATORY


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012482 STATE VS GRANT GRODAHL

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 2014-02-07 09:03:57 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs GRANT DOUGLAS GRODAHL , Defendant.

Case No: 02811 OWCR012482 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 02/19/2014 at 11:00 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



Type: ORDER FOR ARRAIGNMENT


So Ordered


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. GRANT DOUGLAS GRODAHL , Defendant.

Case No: 02811 OWCR012482

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST 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 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 2 days Years Prison And/Or a fine of not less than $1,250 or more than $1875 PLUS 35% surcharge andcourt costs You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 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


State of Iowa CourtsCase Number Case TitleOWCR012482 STATE VS GRANT GRODAHLType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-02-07 09:26:01

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E-FILED 2014 FEB 19 3:54 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. GRANT DOUGLAS GRODAHL , Defendant.

Case No: 02811 OWCR012482 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 19, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 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 04/08/2014 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 TitleOWCR012482 STATE VS GRANT GRODAHLType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 MAR 31 3:58 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. GRANT DOUGLAS GRODAHL , Defendant.

02811 OWCR012482

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 at9:30 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 APR 01 11:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012482 STATE VS GRANT GRODAHLType: OTHER ORDER

So Ordered


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1

THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

) CRIM. NO. OWCR012482

Plaintiff, )

) DEFERRAL OF JUDGMENT

vs. )

) Charge – Operating While Intoxicated,

GRANT GRODAHL, ) First Offense, a Serious Misdemeanor

) Section – 321J.2

Defendant. )

Now, on the 7th

day of April, 2014, the Defendant submits his verified written Plea of Guilty. The

Defendant is charged with Operating While Intoxicated, First Offense, in violation of Section 321J.2, of

the Iowa Code. The State appears by Sac County Attorney Ben Smith. The Defendant waives his personal

appearance and appears by attorney, Joseph Halbur.

The written plea of guilty shows that the Defendant's plea is voluntary, being freely and

intelligently made, with an understanding of the charge, with knowledge of the penal consequences of

the plea, with full knowledge of his 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

basis for the Defendant's plea of guilty.

The written plea indicates the Defendant's informed understanding of his rights contemplated in

the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and, State v. Reaves, 254

N.W.2d 488, all as shown in the Defendant's written plea of guilty, which plea is made a part thereof by

this reference.

The Court, therefore, accepts the Defendant's plea of guilty, and it is entered of record.

The Defendant indicates his understanding of his right to additional time and the right to file a

Motion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for

sentencing and indicates his desire to proceed immediately to sentencing. The Court, finding the

Defendant's waivers are voluntary and made with an understanding of his rights, accepts the waivers

and proceeds to entry of judgment. The Defendant's counsel indicates he knows of no legal cause why

judgment and sentence should not be pronounced.

It is the order of this Court that judgment is deferred, pursuant to Chapter 907, Iowa Code.

Defendant is placed upon probation to the Sac County Probation Office for a term of one year.


2

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 a civil penalty in the sum of $1,250.00, a $10 DARE

surcharge, and the court costs of this action. In the event Defendant obtains a temporary restricted

license, the fine and corresponding surcharge will be reduced by one half.

3. Defendant shall obey all laws.

4. Defendant shall abstain from the use of alcohol and controlled substances.

5. Defendant shall not enter any business where 50% or more of the sales of that

business are derived from the sale of alcohol.

6. Defendant shall complete a course for drinking drivers and file proof of

completion with the Clerk of Court within six months of today’s date.

7. Defendant shall follow through with any other treatment recommendations

outlined in the substance abuse evaluation.

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.

Judgment having been deferred, appeal rights are not appropriate.

COPIES TO:

County Attorney

Defense Counsel



Type: OTHER ORDER


So Ordered



Lytton Man Pleads Guilty to OWI 1st

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