OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf

8/9/2019 OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf

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E-FILED 2014 SEP 18 12:55 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 SEP 18 3:08 PM SAC - CLERK OF DISTRICT COURT


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

vs.

KYLE JO FREESE , Defendant.Defendant's Correct Address: 2016 D Ave.Scranton, IA 51462

Case No: 02811 OWCR012647

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE02 - 321.561 - DRIVING WHILE BARRED2 aggravated misdemeanors: Each of the penalties for incarceration is doubled from what is shown.

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 days

2 Years Prison

And/Or a fine of not less than $1875 or more than $6250 on the OWI and not less than625 nor greater than 6250 for the driving while barred

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

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application for

Court-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 guilty

of 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 IS

MANDATORY, 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 10/13/2014 at 10:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS

ORDERED 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 Defendant2 of 4



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DefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-09-22 09:02:39

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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

KYLE JO FREESE ,

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 10/15/2014 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

E-FILED 2014 OCT 01 10:39 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012647 STATE VS KYLE JO FREESE

So Ordered

Electronically signed on 2014-10-01 10:40:27 page 2 of 2



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012647

Plaintiff,

vs. TRIAL INFORMATION

KYLE JO FREESE,DOB: 08/08/1985 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, Kyle Jo Freese of the

crime ofOPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated

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

The said Defendant, Kyle Jo Freese, on or about September 17, 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.

And having been convicted of/received a deferred judgment for the crime once before; the said

Defendant, Kyle Jo Freese having been convicted of the crime of Operating While Intoxicated in

Sac County Iowa, in Sac County District Court, Cause No.OWCR012360 on or about the 31st

day of October 2013.

COUNT II

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, Kyle Jo Freese of the

crime ofOPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER SECTION

321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of Iowa Code

Sections 321.560 and 321.561 committed as follows:



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The said Defendant, Kyle Jo Freese, on or about September 17, 2014 in the County of

Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the state while

license has been barred for being an habitual offender under section 321.555 and 321.556 of

the Code of Iowa.

A TRUE INFORMATION

Prosecuting 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]

mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. KYLE JO FREESE

Criminal No. OWCR012647

COUNT I: Operating While Intoxicated, Second Offense

COUNT II: Operating a Motor Vehicle While License is Barred Under Section 321.560 asa Habitual Offender

NAMES OF WITNESSES:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

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

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

CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMINALISTICS LABORATORY

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION



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Type: Approval of Trial Information

Case Number Case Title

OWCR012647 STATE VS KYLE JO FREESE

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 2014-10-01 10:40:26 page 4 of 4



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IN T H EI O W A DISTRICTC O U R T F O R

Sac

DISTRICT CD uKi Ur | WA

SA C COUNTY

FILED

201

M

nr.T15

AH

9: 03

C O U N T Y

S T A T E O FI O W A

or

vs.

Plaintiff/Petitioner,

Defendant/Respondent.

Criminal Civil

O q ^ . K . a i ^ W ^ '

F I N A N C I A L A F F I D A V I T /A P P L I C A T I O N

F O R A P P O IN T M E N T O F C O U N S E L

In

supportof

my

application

f o r

appointment

o fcounsel,

and under penalty

ofperjury,

the undersigned

states:

f / < ^ < - C BiithDate:

Name:

Home

Phone:

CellPhone:

J j j

' O f h flo Q E -m ail:

Street Address:Q )

Who do you

work

for?/ V ffl C h &t\ /V_

Howmuchmoneydo youcurrently make before taxes or deductions? /ct per J l hour month year

How much money have you made in thelast

1 2

months from anysource beforetaxes

or

deductions? ~f~hrti{

How many family membersaresupportedby orKvewithyou? Q

If aspouse

lives

withyou, howmuchmoney does your spouse make? per hour month year

List

a ll

othermoney you, oranyoneelse living

in

yourhousehold

has

coming

in:

f \ Q f

Listwhatyou own

mcluding

moneyinbanks, cars,

trucks,

other

vehicles, land,

houses,

buildings,cash,

or

anything

elseworthmore than $l j i P j _ j g ~

Listamountsyoupaymonthlyformortgages, rent, carloans, creditcards,childsupport, or any other debts:

loo month -**ri 1 So

ft

ch, A support

Sn

r n o r \ - t h n

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be

required

to sign a wage assignment, and I must report any changes in the information submitted on this

financial affidavit

I promise under penalty of perjury

that

the

statements

I make in this application are

true

and

that

I am unable to payf o ran attorney to represent me.

D a t e , ( W W - / -

Signature / f y / f e P f ^ > ^

Rev.1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.KYLE JO FREESE ,

DEFENDANT.

02811 OWCR012647

ORDER RE:APPLICATION FOR APPOINTMENT

OF 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 is not eligible for court-appointed counsel. Application denied.

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Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER APPOINTING

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

KYLE JO FREESE ,

Defendant.

02811 OWCR012647

ORDER RESCHEDULING ARRAIGNMENT

The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDEREDthat the Arraignment is scheduled on 11/05/2014

at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set

forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk 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

Defendant

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E-FILED 2014 OCT 15 1:55 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 OCT 15 1:55 PM SAC - CLERK OF DISTRICT COURT


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IN THE

IOWA DISRICT

COURT

FOR SAC COUNTY

STATI]

OF

OWA.

CRIMINAI,

O.OWCROI2647

WRITTENARRAIGNMENT.

PLEAOF

NOT GUII,TY

Vs.

KYLE

]OFREESE.

Defendant )

Date

Trial nfbrmat ion

i led:

10/01/2014

COMLS

NOW the

Defendant

n the above-captioned

riminal

case

andunderoath

states:

1. am

represented

y Attorne-v

harles

. Schulte.

whoseaddress

nd

phonenumber

are

421

Main St . .

PO Box 392.

SacCity,

A. 50583;

712)

662'1115.

2. M-v

current

mailing and

esidence ddress

nd

phone

number

are

2016D. Ave..

Scranlon,A 51462.My phone umbers:515-391- l400My dateof bir th s 08-08-

1985.

I can

eadand

understand

he English

anguage

ndhavecompleted

he

bllowing

ler.el

fcducat ion:

2

Years.

4. I l.rave ecn

advised

y m1'attorney

nd

understand

hat have

a right

to arraignment

in openCour1.

nd

voluntarily

n'aive

hat ight,choosing

nsteado sign

his

Written

Arraignment

nd

Pleaof

Not Guilty.

I understand

hat

imes br

firrthcr

proceedings

u,hich are

computed

rom

the date of arraignment

vill

be

computed

iom the

datc of

filing this

Written

Arraignment

ndPlea

o1Not Guilt v.

5. I have eceived copyof theTrial Information 'hichchargcsme

with the

crimcof

COUNT

I: OPERA.TING

WHILE

INTOXTCATED

'

SECOND

OFFENSE'

in

violation

of lorva

Code Scction

321J.2;

COUNT

II: OPERATING

A MOTOR

VEHICLE

WHILE LICENSE

IS

BARRED

TINDER

SECTION

321'650

S A

HABITUAL

OFFENDEII,

in violation

of IorvaCodc

Section

321.560

and 321.561.

6. With

regard

o the nane

by

which I arn

charged

n the Trial

Information

either

heck

a

or

checkan{;omplete

b ):

.a

U/6.

lhe name

on the

l'rial Information

s ml true

name

l havebeen

advised

and

undFrstand

hat

xnt

no\\

prccludediom

objccting

o the

Trial lnformation

upon

he

ground l.rat am improperly named.

(

)b.

l'he name

shown

on the

Trial Information

s not my

truenane

My

truc

name

s. I

request

hat an entry

be

madc n the

minutes

howing

my

true narne.

have

been

advised

ndunderstand

urther

proceedings

vill be

hadagainst

.leby

thatname.

thc'trial

lnlbrmation

will be

amended

ccordingl.v.

nd

n'hen

he'l'rial

Information

s so

amencled,

nill be

precluded rom

objecting

pon

he

grounds am mproperly

named.

7.

I havebcen

advised

nd

understand

hat may

plead

guilty. not

guilty or

former

E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT


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conviclion

or acquittal.

8. for the

purpose

f

this arraignment,

have

hadsufficient

ime to discuss

m-v ase

with

m) attorncy.

nd

waive any

urther ime

n rvhich o

entera

plea.

9. I pleadNOT GUILTY to the chargesn paragraph above.

10. I have

becnadvised

ndunderstand

hat

havea

right under

Rule 2.33(2)(b)

f the

Iowa

Rttles /

Crintinal

Procedure

o a trial

Vnithin inetl'days/one

ear

a11erhe

iling of

the Irial

InforlrrgLion

nd

(check

either

a

or

b ):

',/

(V{a.

I acmand peecly

rial

pursuant

o

Rule

2.33(2)(b) nd

c) .

(

)

b. I waive

my right

o a speed.v

rial

pursuanto Rule

2.33(2)

b)

and

c) .

11.

I rcquest

hata trial

datebe set

pursuanto Rule

u.1 ofthe 1on'a

Rules

/ Criminul

Protedure. My attorney nd will beavailableor trial on the ollowingdays:Any

Time.

Def'endan

Original

to bc filed

with Clrk

of Court

Copy

provided to:

County

Attorney

Attorney

for Defendant

E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.KYLE JO FREESE ,

Defendant.


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

The defendant having filed a written arraignment in this matter on November 4, 2014.The defendant DEMANDS the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 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 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

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

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

the Sheriff during regular office hours.

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

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

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

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

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

I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,

the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for

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

any evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 NOV 04 3:01 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 NOV 04 3:01 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

KYLE JO FREESE,

Defendant.

Case No. OWCR012647

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On December 17, 2014, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.

The Defendant appeared by his attorney, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:

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

Defendant has agreed to plead guilty to Count 1 of the Trial Information, pay all

applicable costs and the minimum fine, serve the minimum jail sentence, and be

placed on informal probation through the Sac County Probation Office. In return,

the State has agreed to dismiss Count 2 of the Trial Information.

Additionally, Defendant intends to submit a written guilty plea by January7, 2014. Defendant intends to waive presence at sentencing and the time

between plea and sentencing.

__________________________

Benjamin John Smith

Sac County AttorneySac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]

E-FILED 2014 DEC 19 11:32 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,vs.

KYLE JO FREESE ,

Defendant.

02811 OWCR012647

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 submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 01/07/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If a sentencing hearing in open court is required the Defendant shall so state in the written plea.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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Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: OTHER ORDER

So Ordered


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28/37

IN THE

IOWA

DISTRICT

COURT

IN

AND

FOR

SAC

COUNTY

STATE

OF

IOWA,

Plaintiff,

VS.

KYLE

JO

FREESE,

DOB:

08/08/1985

Defendant.

*

*

*

*

*

*

*

>F

*

COUNT

COMES NOW

the

Defendant

n

the

above

action

and

states hat I have

beencharged

with

OPERATING

A

MOTOR

VEHICLE

WHILE

INTOXICATED

-

2ND

OFFENSE,

an

Aggravated

Misdemeanor,

n

violation

of

Iowa

Code Section

321J.2,

and hereby

equest

hat

my

plea

of

guilty

o the charge e entered f record.

In

support

f my

guilty

plea,

state hat

fully

understand

nd have

been

advised

y my

attorney

f the

following

ights:

That

have

he right

to

proceed

with

a

plea

of

not guilty

and

compel

he

Stateof Iowa

to

prove

my

guilt

to

the

unanimous

atisfaction

f a twelve-person

ury

in

a speedy

nd

public

rial;

That

have

he

right

to remain

silent

andcould

not

be

forced

o testify

or

incriminate

myself n

any manner;

nd

hat f

I exercised

my right

to remain

silent; his

could

not be

used

againstme

and

he State

would

be

prohibited

rom

comrnenting

n my

silence;

That

I have

he

right

to

be represented

y

an attorney

hroughout

he

entire trial,

and if I

am

unable

o afford

an attorney,

he

Court would

appoint

one o represent

me at

public

expense;

That

have

he

right

to

cross-examine

ll witnesses

gainst

me

and o

present

vidence,f

any,

on my

own

behalt

That

I am

presumed

nnocent

until

the

State

proves,

f

ever, hat I

am

guilty

beyond

a

reasonable

doubt;

and

That

have

he right

o

subpoena

itnesses

o

appear

nd estify

on my

behalf.

I

have

also

been

advised

hat the

above-stated

ffense

s an

Aggravated

Misdemeanor

hich

carries

maximumpenalty

of imprisonment

ot to

exceed

wo

(2)

years

or a

$6,250

ine with

surcharges

f

35% and

$10.00

DARE

thereon

or

both; I

understand

here

s a

seven

7)

day

minimum

ail

sentence;

further

understand

hat he

minimum

ine

is

$1,875

plus

surcharges

f

35%

and

$10.00;

and

that I

may

be required

o make

restitution

of

pecuniary

damageso

any

victimof

this crime

and

of

court-appointed

ttorneyees,

f

any,

andpaythe

court

costs. may

be required

o

attend

substance

buse

reatment

r education

lasses.

n addition,

may

be

No.

OWCR0L2647

GUILTY

PLEA

_

AGGRAVATED MISDEMEANOR-

Count I-

OWI 2nd

Offense

E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT


29/37

required o

pay

correctional ees or incarceration

nd

enrollment

ees or supervised

robation.

I have

been

nformed hat there

may

be

effects o

my license ncluding suspension,

evocations

and barments ecause f this

plea.

I have

ikewise

been

nformed hat other sentencing

ptions

may be

available to the

Court,

including

but

not limited

to the deferral of Judgment

and

Sentence,

he

grant

of

probation

nd he

suspension

f sentence

mposed.

I

now state

o the

Court

hat

I

am, n fact

GUILTY

and

hat no threats

or

promises

avebeen

made o induce

me to entermy

plea

of

guilty.

I havebeen

nformed hat the elements

f the

crimeare: I operated

motor vehicle

1)

while under he

nfluence f an alcoholicbeverage

or other drug

or ^ combination of such substances; r

(2)

while

having an alcohol

concentration f .08 or

more; or

(3)

while any amountof a controlled

substance

s

present

in my

person

as

measured

n

my blood or

urine.

And

that

I havea

prior

conviction

of the

crime, Operating

While Intoxicated. I

understand

he

nature

f

the

charge

gainst

me.

This offensewascommittedby me n SacCounty

owa

by

my doing he

following: did on

or

about September

17. 2014

unlawfullv onerate

a motor vehicle

while under the

influence f alcoholand

was ntoxicated

at the

time when was drivins

and I did

havea

blood alcoholconcentration f .164 BAC). and wasconvictedf the offense peratine

While ntoxicatedn

SacCountv

owa. n

SacCountv

DistrictCourt caseOWCR012360

n he

31

dav

of October

013.

There s a

factual

basis

or my

plea

of

guilty

and

here s no reasonwhy

I

should

not

plead

guilty.

I hereby

state

hat I submit his written

plea

of

guilty

with

full knowledge nd

waiverof

my rightsand do so

freelyandvoluntarily. No threats avebeen

madeagainstme

o

obtain

his

guilty plea.

No

promises

f

leniency

r

favorablereatment

avebeenmade,except

or any

plea

agreementisclosedo

the

Court

at

the ime his Guilty

Plea s offered or approval

n Court.

I havebeenadvised f

my

rightsasset orth

n

Count of

this

plea.

The

plea

agreement

s: The recommendedentence ill be 364 davs

n

the Sac

Countv

Jail.

with all

but seven

7)

dayssuspended.

ith

credit

or time served.

will

serve

he seven

(7)

days in the Sac County Jail within three

(3)

months

of the Judgment

entry date.

I

understandhat I

will

be allowed o serve he

ail

sentencen

48 hour increments nd

hat the

48-hour

Weekend

lcoholProgram

anbe substituted

or 48 hours

ail

time.

If I

choose

ot

to

attend

he 48 hour WeekendAlcohol

Prograrn

hen will have o complete he

12 hour

Drinking/ Driving

Course.

Also.

I will be eligible

for

the Sac County

Jail Work

Release

Program nder he rules and

guidelines

etby the SacCounty Sheriff.

I will be

placed

on

Probation o

the Sac County

Probation

Officer

for a

period

of one

year

from the

Judgment

entrydate.

I will

pay

a frneof

$

1.875.00.

lus

a 35% surchargen the amount

f

$656.25.

$10.00DARE surcharge. nd courtcosts:o bepaidas set out in the SacCountyProbation

Agreement. I will follow and

complete

he recommendationsf

the Substance

buse

Evaluation. hich I

obtained n October .

2014 rom New

Opportunities.

understand

hat

if my license o

drive

hasnot

already een

evoked or this offense. he Iowa

Department f

Transportation ill

revoke

my

driver's

icense

ursuant

o Iowa CodeChapter

321J

or the

statutory

eriod.

The SacCountyAttorneywill recommendhat Count

I

be

dismissed fter

theappeal

eriod

has un in

Count .

E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT


30/37

In

admitting

guilt,

I understand

hat

any

plea-bargain

greements ith the

prosecutor

are not

binding

on the

Court.

I

have

been advised hat I have

the right to have

a

future

date set

for

pronouncing

judgment

and sentence, hich cannotbe less han fifteen (15) days after the guilty plea is

entered, nless

consent o

a

shorter ime.

I understandhat

any challenge

o the

guilty plea

or

alleged efectsn the

plea

proceedings

ust

be raised y a Motion in Arrestof Judgmentiled no

later han forty-five

(a5)

days after

the datemy

pleas

s

accepted ut

not less

han

five

(5)

days

before he

date set for

pronouncing

udgment,

and that failure to raise

such challenge

hall

preclude

he right to assert hem n

this

Court or on appeal o anotherCourt.

I

understand

hat

by

proceeding

irectly o sentencing waive

any right I may have o file

a

Motion in Arrest

Of

Judgment. This means will

be

foreverprecluded

rom

challenginghe

guilty plea

or any

defectsn the

pleaproceedin_es.

Based n the foregoing,

herebywaive

all my legaland rial rights. I requesthatmy

guilty plea

be accepted nd

entered

n

record.

I request

entencingnd

udgment

be

pronounced

ow.

STATEOF OWA

SACCOUNTY

On

his

day

of

U

a

u'l.

.2u

q

beforemy the

undersigned,

NotaryPublic n

and

or

SS

sa idS t a t e , pc rsona i l y ' appca rcc i

t { y

/

OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf

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