OWCR012687 - Marshalltown man pleads guilty to OWI 2nd Offense.pdf

8/9/2019 OWCR012687 - Marshalltown man pleads guilty to OWI 2nd Offense.pdf

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E-FILED 2014 OCT 30 11:34 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 NOV 03 9:07 AM SAC - CLERK OF DISTRICT COURT


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

vs.

TA TOE , Defendant.

Case No: 02811 OWCR012687

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSEDefendant's cash bond shall continue.

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 Misdemeanor3. 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 $1875.00 or more than $6250.00

You will lose your license for a minimum of 365 days and cannot obtain a work permit for90 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 11/24/2014 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 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 TitleOWCR012687 STATE VS TA TOEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-11-03 09:16:30

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DISTRICT COUKi

UlluW*

'SAC COUNTY

FILED

20IVNOV-3 m 9: 38

IN

T H E

I O W ADISTRICT

C O U R T

F O R

Sac

C O U N T Y

S T A T E O FI O W Aor

Plaintiff/Petitioner,

vs.

Defendant/Respondent.

Criminal Civil

O c^Yffoiainri

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

F O R

A P PO I N T M E N T

O FC O U N S E L

In

supportof

my application for

appointmentofcounsel,and under penaltyof

perjury,

the undersigned

states:

y Name: T f l ^ 6 6 / BirtfaPate: f)L \ /b ~1\ ( ^ 7 5

HomePhone:

6-ff

C e l l Phone:

6-f/-75j?

E-mail:.

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Address:

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Pending

charges: 01 \TT

Apt City

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ullTime

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Who

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Howmuchmoney do

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before

taxes or deductions? per hour month year

How

much

money

haveyou

made

in

the last 12 months

from

any source,

before

taxes or deductions?

Howmanyfamilymembers are supported

by

or

Kvewithyou?

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If

aspouseliveswith you,how muchmoney doesyourspouse make?


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,VS.TA TOE ,

DEFENDANT.

02811 OWCR012687

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 has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Daniel Gonnerman (515) 450-1439, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleOWCR012687 STATE VS TA TOEType: ORDER APPOINTING

So Ordered


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E-FILED 2014 NOV 03 4:38 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.TA TOE,

DOB: 4-7-1973

Defendant.

CASE No. OWCR012687

TRIAL INFORMATION

COUNT 1

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, TA TOE (Defendant) of the crime of OPERATING WHILE

INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in violation of

Iowa Code Section 321J.2 committed as follows: On or about October 30, 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: while under the influence of

an alcoholic beverage or drugs or a combination of such substances; or while

having an alcohol concentration of .08 or more as measured in the person's

breath, blood or urine; or while any amount of a controlled substance is present

in the person as measured in the person's blood or urine. Defendant was

convicted of and / or received a deferred judgment for the crime Operating While

Intoxicated, in Marshall County, Iowa, District Court Case No. AGCR078721, on

or about November 2, 2012.



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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]



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

TA TOE,

Defendant.

CASE No. OWCR012687

ATTACHMENT TO TRIAL

INFORMATION: WITNESS LIST

KRISTAN ERSKINE, Deputy, Sac County Sheriffs Office

MARSHALL COUNTY CLERK OF COURT

MICHAEL M. TATE OR JAMES A. BLESKACEK



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Type: Approval of Trial Information

Case Number Case Title

OWCR012687 STATE VS TA TOE

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 2014-11-07 08:47:43 page 4 of 4



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

TA TOE ,

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 isscheduled on 11/19/2014 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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[ iN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

ASE NO.

WCR012687

V S . RITTEN ARRAIGNMENT

AND PLEA OF NO T GUILTY

TA TOE,

Defendant.

COMES NOW the Defe ndant in the abov e cr iminal cause and s tates und er oath:

I am re prese nted by Daniel .1. Gonnerman who se add ress is 813 S. Carrol l Street,

Slater, Iowa, 50244; whose telephone number is 515-450-1439.

" .) My current add ress is 408 N. 14 Street . Marshal ltown Iow a 50158; My current

telephone number is (641)328-1259.

3 I am 41 y

ears o ld , hav ing been born on A pr il 7 , 1973 ; I can NOT read and

unders tand the En g l ish lan g u a g e and have completed the following level of

ed ucation: O grade in

13arm a. This w r it ten ar ra ignme nt was t rans lated and

in

y

1..ah Paw.

4 I have been ad v ised by the above-named attorne y and I unde rstand that I have a

ri g

ht

to

arrai

g

nme nt in ope n cou r t . and I he reb

yvoluntar i l ywaive that right

choosing instead to sign this written arrai g nment and plea of not guilty. I

unde rstand that times for further procee dings wh ich arc compu ted from the d ate of

arraignme nt wi ll be com puted f rom the date of this wri tten arrai

g

nme nt and plea

of not gui l ty is f i led .

S. I have received a copy o f the In format ion wh ich charges m e w ith the cr imes o f

COUNT I: perating While Intoxicated, Second Offense, in violation of

Section(s) 321.1.2 of the Iowa Code (2013), a ser ious misde me anor.

I have read the Information and have Mm iliar izec i m

y

self with its contents.

6. With regard to the nam e by which I am charged in the Information:

[ X

I a The nam e sho wn on the Informat ion is m y

t rue name . 1 have bee n advised

and unde rstand that 1 am now precluded f rom object in g

to the Inform ation

upon the g round lam improper l y named.

The name shown on the IntOrmat ion is not my t rue nam e. My t rue name is

I request that an entry be

m ade h i the Minutes showin

g

m y t rue nam e. I have bee n adv ised and

unde rstand fur ther procee dings wi l l be had against me b

y

that name, the

indictment/information will be amended accordingly, and when the



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N o l a n . . P t '

indictment/information is so amended. I will be precluded from objecting

upon the g round 1 am imprope r ly named .

7 . I h av e b e e n a d v is e d a n d u n d e r sta n d th a t I m a y p le a d g uilty, not guilty

or Ibrmer

conviction or acquittal.

8 . F o r th e p u rp o s e o f th is a rr ai

g

nm ent . I have h ad suf f ic ient time to d iscuss m y case

w i th t he above -name d a t to rney

and I waive anv further time in which to enter a

plea.

9 . I plead NOT CU L T yto the char g e(s) in para g raph 5 above.

10 I have be en ad v ised and und ers tand that I have a r ight , und er ru le 2.33 of the Iowa

Rules

01

Criminal Procedure

to a trial within 90 da

y s alter the rilin g

of the

Inform at ion and :

. -

a .

dema n d a

spe ed y t r ia l pursuant to ru le 2 .33(2) (b) .

ft I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

TA TO E D e

f t : 4 1 ( 1 a m

ST

A T

1 OF IOWA

SS :

STORY COUNTY

Subscr ibed

sworn to and acknowledged beibre

me LW TA 10

F. this

I

a

y of

Novem ber , 2014 .

i

-07401

UANIEL J. GONNERMAN

COMMISSION

1 1 7 2 5 8 1

M Y f O M M / _ j O N

EXPIRES

t

t

5



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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.TA TOE ,

Defendant.


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

The defendant having filed a written arraignment in this matter on November 19, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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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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 TitleOWCR012687 STATE VS TA TOEType: ORDER SETTING TRIAL

So Ordered


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1


|STATE OF IOWA, |

Plaintiff, | CASE NO. OWCR012687

|vs. ||

TA TOE, |Defendant. |

|

REQUEST FOR PRODUCTION AND DISCLOSURE

COMES NOW the Defendant, TA TOE, by counsel, pursuant to Rule 2.14, Iowa Rules of

Criminal Procedure, and respectfully states the following are necessary for trial preparation and

hereby respectfully requests the State be required to produce and allow the Defendant to inspect,

copy, or photograph or, where appropriate, subject to scientific tests the following items:

1. Any written or recorded statement made by the Defendant or any prosecution witness,within the possession, custody or control of the State.

2. The substance of any oral statement by the Defendant, including any voice recordings.

3. A copy of the prior criminal record of the Defendant.

4. A copy of the certified prior driving record of the Defendant.

5. A copy of the transcript or record of testimony of the Defendant before a grand jury,whether or not the State intends to offer the same into evidence.

6. Any written or recorded statement of a co-defendant which the State intends to offer inevidence at the trial and the substance of any oral statement which the State intends tooffer in evidence at the trial made by a co-defendant, whether before or after arrest, inresponse to interrogation by any person known to the co-defendant to be a State agent.

7.

Any items seized by the State in connection with the alleged crime, and any books,papers, documents, statements, photographs, or tangible objects which are within thepossession, custody or control of the State and which are in any manner material to thepreparation of the movants defense, or are intended for the use by the State as evidenceat the trial, or were obtained from or belong to the Defendant.

8. All information, of whatever form, source or nature, which tends to exculpate theDefendant, either through an indication of innocence or through the potential

E-FILED 2014 DEC 23 11:02 AM SAC - CLERK OF DISTRICT COURT


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2

impeachment of any of the States witnesses, and all information which may be or maybecome of benefit to the Defendant in preparing for or presenting the merits of thedefense of innocence at trial. This request includes all facts and information of whateversource or nature which the State, its agents, representatives, or cooperating investigatingagencies has in its possession or has access to which is or may be calculated to become of

benefit to Defendant either on the merits of the case or on the question of credibility ofwitnesses. This includes all statements or admission of whatever form by any alleged co-participants or conspirators which tend to exculpate the Defendant or which do notinculpate the Defendant.

9. Any results or reports of physical or mental examinations.

10.Any results of scientific tests or experiments made in connection with the particular case.

11.All raw data of any nature used to compile or reach the results of any physical or mentalexamination or scientific tests or experiments, made in connection with this particularcase, and any other raw data available or utilized by any agent or representative of theState.

12.Any and all police incident, investigatory, or other reports pertaining to the within chargeprepared by any law enforcement officers, their representatives or agents.

13.All officers notes used or made in connection with police incident, investigatory or otherreports prepared by any law enforcement officers, their representatives or agents.

14.Any documentation pertaining to any purported waiver by Defendant of Miranda Rights.

15.The content of any agreement between the State and any witnesses, any co-defendant or

other person, including but not limited to confidential informants, which involves a pleabargain or agreement between the State and such witness or other person, including,without limitation, an agreement by the State to dismiss, reduce, or not file any chargeagainst such witness or other person, wherein such agreement is related to the incident outof which the Defendants charge arose.

16.The names and addresses of all confidential informants used in connection with theinvestigation of the Defendant, whether or not said confidential informants actually metwith the Defendant.

17.The names and addresses of all States witnesses now known or those whom the State

may later identify.

18.Any and all search warrant documents prepared in connection with this case.

19.Any and all arrest warrant documents prepared in connection with this case.

20.The names and addresses of any co-participants, whether or not mentioned in the CountyAttorneys Information and Minutes of Testimony, known to the State, its agents or



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representatives, and their statements, if taken, and if no written statements were obtained,the investigating officers interview report relating to any co-participants statements andactivities.

21.

Tape recordings or transcripts of such recordings of any and all police radio transmissions

concerning the charges against the Defendant.

22.Videotape recordings of the arrest of the Defendant.

23.Videotape recordings of the processing of the Defendant at the County Jail.

24.Any and all other videotape recordings relating to the crimes charged in the TrialInformation.

25.All items of physical evidence seized by the State in connection with the alleged crime,and for each item state:

a. The time, date and exact location from which each item of physical evidence wasobtained;

b. The name and address of each person who obtained the evidence;

c. The manner of seizure of each item, whether by consent, search warrant, or otherwise.

d. All results and reports of scientific or laboratory results and experiments made inconnection with each item of physical evidence.

e. Dates and times for defense counsel to inspect and copy all items of physical

evidence.

26.If fingerprints were examined by the State, the following information should be provided:

a. The location where each latent print was found;

b. The person by whom each was obtained;

c. The date and time when each print was obtained;

d. The number of points for each latent print, if a positive comparison was made.

e. The reason why positive comparison could not be made for each latent print and astatement of whether each latent print was identifiable or not;

f. The name of all persons other than the Defendant whose known prints were comparedto latent prints in this case.

27.These requests are continuing in nature.



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4

WHEREFORE, the Defendant, TA TOE, by counsel, respectfully requests the Court enter an

order such that the State be required to produce and allow the Defendant to inspect, copy, or

photograph or, where appropriate, subject to scientific tests each of the above items. The State is

requested to file any resistance to this request in the form of written objection or contest. Until

such time as the State elects to resist all or part of this request, the Defendant does not seek

hearing on this request.

Respectfully submitted,

TA TOE, Defendant

By: /s/ Daniel J. GonnermanDANIEL J. GONNERMAN AT0002817813 S. Carroll StreetSlater, Iowa 50244Email: [email protected]: 515-450-1439ATTORNEY FOR DEFENDANT



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STATE OF IOWA,

Plaintiff,

v.

TA TOE,

Defendant.

Case No. OWCR012687

REPORT OF PRETRIALCONFERENCE

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

and represents the following to the Court:

On January 6, 2015, 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, Daniel Gonnerman. The parties,through the 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, OWI

Second Offense, and the State has agreed to recommend the following to the

Court: 1) that defendant pay the minimum fine; 2) that defendant serve a

minimum of seven days in jail with the remainder suspended; 3) that defendant

be placed on informal probation with the Sac County Probation Office; and 4)

that defendant be allowed to serve his jail sentence in Marshall County, in 48-

hour increments, and be allowed to participate in any authorized work-release

program.

Defendant intends to submit a written guilty plea by January 21, 2015.

Defendant intends to waive presence at sentencing. Defendant intends to waive

time between plea and sentencing.

E-FILED 2015 JAN 07 8:39 AM SAC - CLERK OF DISTRICT COURT


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__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]



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STATE OF IOWA,

Plaintiff,vs.

TA TOE ,

Defendant.

02811 OWCR012687

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 01/21/2015 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 TitleOWCR012687 STATE VS TA TOEType: OTHER ORDER

So Ordered


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|STATE OF IOWA, |

Plaintiff, | CASE NO. OWCR012687

|vs. | APPLICATION TO FILE FEE CLAIM IN| EXCESS OF GUIDELINES FOR COURT

TATOE, | APPOINTED COUNSELDefendant. |

|

COMES NOW the undersigned attorney, pursuant to and as required by section 815.10A(3),

Iowa Code (2013), and hereby makes his Application for permission to file a fee claim in excess

of the guidelines set forth in Iowa Administrative Rules 493 Chapters 11, 12 and 13, as

authorized by Section 13B.4, Iowa Code (2013), and in support of this Application respectfullystates:

1. That a Trial Information was filed charging the Defendant with the following offense, to

which the Defendant has entered a plea of Not Guilty:

COUNT I: Operating While Intoxicated, 2nd Offense, in violation of sections

321J.2 of the Iowa Code (2013), a Serous Misdemeanor;

2.

That the Defendant has previously been found to be indigent and eligible for court appointedcounsel and the undersigned was appointed.

3. That, pursuant to section 815.10A(3)(b), Iowa Code, the undersigned has advised the

indigent person of this Applicationand the potential for reimbursement of the attorney fees

pursuant to section 815.9, Iowa Code.

4. That pursuant to section 493-12.6(1), Iowa Administrative Code, the following limit shall be

applied to this type of proceeding:

Aggravated misdemeanors $1200.00

E-FILED 2015 JAN 15 2:38 PM SAC - CLERK OF DISTRICT COURT


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5. That this Applicationis made with the understanding that the ultimate determination of the

reasonableness of the fee claim remains within the discretion of the reviewing judge.

6.

That the anticipated services are necessary and reasonable in the professional judgment of the

undersigned.

7. That it is in the interest of justice and judicial economy for the Court to enter an Order

granting the request set forth herein.

WHEREFORE, the undersigned respectfully requests the Court enter an order granting

permission to file a fee claim in excess of the fee Guidelines on grounds of a previous finding

that defendant is indigent and the fact that more fees and expenses will be expended to defend

this case at the expected trial.

Respectfully submitted,

TATOE, Defendant

By: /s/ Daniel J. GonnermanDANIEL J. GONNERMAN AT00002817813 S. Carroll StreetSlater, Iowa 50244Email: [email protected]

Telephone: 515-450-1439ATTORNEY FOR DEFENDANT



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|STATE OF IOWA, |

Plaintiff, |

|vs. | CASE NO. OWCR012!"|

TATOE, | ORDER

D#f#n$ant. ||

T%# &'()t is in )#i*t 'f Att')n#+ 'nn#)-ansApplication To File Fee Claim In Excess

Of Guidelines For Court Appointed Counsel. Havin/ &a)#f(ll+ )#vi##$ t%# -#)its 'f t%#

Applicationan$ t%# )#as'ns &it#$ + &'(ns#l, t%# C'()t fin$s t%# Applications%'(l$ #

/)ant#$.

IT IS, THEREFORE,ORDERED t%at &'(ns#l f') D#f#n$ant -a+ fil# %is f## &lai- f') an

a-'(nt %i&% is in #ss 'f t%# /(i$#lin#s f') &'()t a**'int#$ &'(ns#l s#t + I'a

A$-inist)ativ# R(l#s 345 C%a*t#)s 11, 12 an$ 15. T%# (lti-at# f##s *ai$ t' &'(ns#l f')

D#f#n$ant a)# s(6#&t t' )#vi# + t%# Offi 'f t%# Stat# P(li& D#f#n$#) an$ + t%is

C'()t as -a+ # a**)'*)iat# in t%# *)#-is#s an$ as *)'vi$#$ + la.



33/41


Type: OTHER ORDER



So Ordered




34/41

IN

T H E

IOWA DISTRICT

C O U R T

FO RSAC

C O U N T Y

S T T EOF IOWA,

Plaintiff,

vs

T A

T O E ,

D O B :

04/07/1973,

Defendant.

C O U N T

I

C O M E S NOW the Defendant in the above action and

states that

I have been charged

with O P E R A T I N G A M O T O R V E H I C L E W H I L E I N T O X I C A T E D - 2

N D

O F F E N S E , an

AggravatedMisdemeanor, inviolationof Iowa Code Section 321J.2, and I hereby requestthat

my

plea of

guilty

to the charge be entered of record.

Insupport ofmyguilty plea, I

state

thatI

fully

understand and have been advised by my

attorney ofthe

following

rights:

That I have the right to proceed

with

a plea of not guilty and compel the

State

of

Iowa

to prove

myguilt to the unanimous satisfaction of

a

twelve-person jury in a speedy and public

trial;

That I have the right to remain silent andcouldnot be fprced-to testify or incriminatemyself in

any manner; and

that

i f

I

exercised my right to remain silent; this

could

not be used-against me

and the

Statewould

be prohibited

from

'commenting on my silence; ' -'''

That I have the right to be represented by an attorney throughout the entire

trial,

and if I am

unable toaffordan attorney, the Courtwouldappoint one torepresentme at public expense;

That I have the right to cross-examine all witnesses against me and to

present

evidence, if any,

onmy own behalf;

That I am presumed innocent

until

the

State

proves,

ifever,that

I am guilty beyond a reasonable

doubt; and

That I have the right to subpoena witnesses to

appear

and testify on my behalf.

I

have also been advisedthat the above-stated offense is an Aggravated Misdemeanor

which

carries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine

with

surcharges of 35% and $10.00

D A R E

thereon or both; I understand

there

is a seven (7) day

minimum

jail sentence;I further understand thatthe minimum fine is $1,875 plus surcharges of

35%

and $10.00; and that I may be required to make restitution of pecuniarydamagesto any

victimof this crime and of court-appointed attorney fee's;'..ifany, and pay the court cost's. Imay

be-required :to attend

substance abuse treatment

or ^education classes. In addition, I may .be

required to pay correctional

fees

for incarceration and enrollment

fees

for supervised probation.

1

No.

OWCR012687

0 / 1

^

GUILT Y P L E - 5 ;_ o

GGR V TED

MISDEMEANOR-

f^oc

Count I-OWI 2

nd

Offense -o

ro

s

_ 3>


35/41

Ihave been informedthat

there

may be effects to my licenseincludingsuspension, revocations

and barments because of this plea. I have likewisebeen informedthatother sentencing options

may be available to the Court,

including

but not limited to the deferral of Judgment and

Sentence, the grant o fprobation and the suspension of sentence imposed.

I

now

state

to the Court

that

I am, in fact

G U I L T Y

and

that

no

threats

or promises have been

made to induce me toentermy plea ofguilty. I have been informedthat the elements of the

crime are: that I operated a motor vehicle (1) while under the influence of an alcoholic

beverage or other drug or a combination of such substances; or (2)

while

having an

alcohol

concentration of .08 or more; or (3)whileany amount of a controlled substance is present

in my person as measured in mybloodor urine. AndthatI have a priorconviction ofthe

crime,Operating

While

Intoxicated. I understand the

nature

o fthe charge against me.

This

offense was committed by me in Sac County Iowa by my doing the

fo l lowing:

I did on

or about October 30, 2014unlawfully

operate

a motor vehicle

while

under the influence

of alcohol and was intoxicated at the time when I was driving and did have a blood

alcohol

concentration of .229

B A C ) :

and

1

was convicted of the crime Operating

While

Intoxicated in

Marshall

County Iowa in

Marshall

County Iowa

District

Court, case

#AGCR078721.on November2.2012.

There is a factual basis for my plea of

guilty

and

there

is no reason

why

I should not plead

guilty.

I

hereby

state

thatI submit this written plea of

guilty

with

ful l

knowledge and waiver of

my rights and I do sofreelyand

voluntarily.

Nothreatshave been made against me to obtain this

guilty

plea. No promises ofleniencyor favorable

treatment

have been made, except for any plea

agreement disclosedto the Court at the time thisG uiltyPleaisofferedfor approval in Court.

Ihave been advised ofmy rights as set forth in Count I of this plea.

The plea agreement is: The recommended sentence willbe 364 days in the Sac County

Jail. Defendant will serve the minimum seven (7) day jail sentence with the remainder

suspended, and be given credit for time previously served in the amount

o f

twenty (20) hours

and

forty-five

(45) minutes. Defendant

requests

to be allowed to serve jailsentence in the

Marshall

County Iowa Jail, in 48 hour increments and be allowed to participate in any

authorized work-release program. I

will

be placed on

informal

probation to the Sac County

Probation

Officer

for a period of one year

from

the Judgment entry

date.

I willpav a fine of

$1,875.00. plus a 35% surcharge in the amount of

$656.25.

a $10.00 D A R E surcharge, court

costs, and court appointed attorney fees: to be paid as approved in the Sac County Standard

ProbationAgreement. Iwill fo l lowand complete the recommendation ofcompletionofthe

12 hourDrinking-DriverCourse recommended in the Substance AbuseEvaluationI obtained

on

November 17, 2014. I understandthat

if my

license to drive has not already been revoked

for

this offense, the Iowa Department of Transportation

will

revoke my driver's license

pursuant to Iowa Code Chapter 321J for the statutory period.

In admitting guilt, I understand that any plea-bargain

agreements

with the prosecutor are not

bindingon the Court.


36/41

I have been advisedthat I have the right to have a futuredate set for pronouncing

judgment and sentence, which cannot be less than fifteen (15) days after the guilty plea is

entered, unless I consent to a shorter time. I understandthatany challenge to the

guilty

plea or

allegeddefects in the plea proceedings must be raised by aM o t io nin Arresto fJudgment

filed

no

later than forty-five(45) days after thedatemy pleas is accepted but not less than

five

(5) days

before the

date

set for pronouncing judgment, and

that

failure to raise such challenge

shall

preclude the right to

assert

them in this Court or on appeal to anotherCourt. I understandthatby

proceeding

directly to sentencing I waive any right I may have to file a Mo t io n in Arrest Of

Judgment.

This

means I will be forever precluded

from

challenging the

guilty

plea or any

defects in the plea proceedings.

Basedon theforegoing,I hereby waive al lmy

legal

and

trial

rights. I requestthatmy

guiltyplea be accepted and entered on record.

Irequest sentencing and judgment be pronounced now.

to

Defendant. Ta Toe

Dere'^^unj'Attorney,DanielJ. Gonnerman

S T A T E

OF I O W A

S A C C O U N T Y

) SS

O n

this of ^ f c ^ K v ^ * ^ , 2015, before my the undersigned, aNotaryPublicin and for

said

State, personally appeared T c ^ T J ^ ,

to me

known

to be the

identical

person named in and who executed the

foregoing

instrument, and acknowledgedthat

he executed the same o f

his

voluntary act and deed.

c in and for the State ofIowa

UANicL J GONNERMAN

COMMISSION

172581

MY COMMISSIQQEXPIQgS


37/41

1


STATE OF IOWA,

Plaintiff,

v.

TA TOE,

Defendant.

OWCR012687

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

CHARGE: Opeatin! W"ile Int#$i%ated, Se%#nd Offen&e, an a!!avated'i&de'ean#, in vi#lati#n #f I#(a C#de ) *21+.2

Defendant "a& filed a (itten !ilt- plea and a (aive #f Defendant& i!"t t# /epe&ent f# &enten%in!. Defendant a&& t"at t"e plea t# t"e a/#ve %"a!e /e a%%eptedand t"at &enten%e /e i'p#&ed p&ant t# t"e plea aan!e'ent a!eed p#n /- t"epatie& (it"#t t"e f#'alit- #f t"e e%#d eied /- Rle& 2.8 and 2.10 #f t"e I#(aRle& #f Ci'inal P#%ede.

T"e C#t "ee/- inf#'& Defendant t"at Defendant& plea #f !ilt- t# t"ea/#veefeen%ed %"a!e i& a%%epted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i& ad3di%ated !ilt- #f t"e %i'e #f Opeatin! W"ileInt#$i%ated, Se%#nd Offen&e, in vi#lati#n #f I#(a C#de ) *21+.2.

2. Defendant i& "ee/- &enten%ed a& f#ll#(&4a. Defendant &"all pa- all #f t"e f#ll#(in! finan%ial #/li!ati#n&4

51 a fine in t"e &' #f 1,87.00952 a *: &%"a!e #f 66.295* a 10.00 DARE &%"a!e p&ant t# I#(a C#de Se%ti#n

;11.295


38/41

2

5 t"e %#t %#&t& #f t"i& a%ti#n, in%ldin! %#tapp#intedatt#ne- fee& a& %etified /- >. ?#nne'an. T"e C#tfind& t"#!" inf#'ati#n p#vided /- t"e patie&, t"eDefendant i& eana/l- a/le t# pa- t"i& e$pen&e.

Defendant &"all pa- t"e&e finan%ial #/li!ati#n& t# t"e Cle #f C#t#f t"i& %#nt- # #nline at (((.i#(a%#t&.!#v. Defendant &"all'ae pa-'ent& a%%#din! t# a plan #f pa-'ent t# /e devel#ped /-"i& p#/ati#n #ffi%e.

/. Defendant &"all &eve *6< da-& in t"e %#nt- 3ail, (it" all /t &even57 da-& #f t"e &enten%e &&pended. Defendant &"all /e !iven%edit f# ti'e pevi#&l- &eved. T"e C#nt- S"eiff &"allde&i!nate t"e app#piate %#nt- 3ail fa%ilit-. Defendant &"all%#nta%t t"e S"eiff@& Offi%e #f t"i& %#nt- (it"in &even 57 da-& #ft"e filin! #f t"i& Ode t# dete'ine t"e app#piate %#nt- 3ailfa%ilit- and 'ae t"e ne%e&&a- aan!e'ent& t# %#'plete t"en&&pended p#ti#n #f t"e 3ail &enten%e /-April 30, 2015. T"e7da- 3ail &enten%e 'a- /e &eved in a&"all C#nt- S"eiff.T"e Defendant 'a- pati%ipate in an- (# elea&e p#!a'fa%ilitated /- t"e S"eiff #f eit"e Sa% # >a&"all C#nt-. IfDefendant d#e& n#t &eve t"e 3ail &enten%e /- t"at date, in additi#nt# Defendant /ein! &/3e%t t# %#nte'pt #f %#t # p#/ati#n

ev#%ati#n p#%eedin!&, p#n (itten ee&t f#' t"e S"eiff, t"eCle #f C#t &"all i&&e a (aant f# 'itti'& #f t"en&&pended p#ti#n #f t"e &enten%e and &%" (aant &"all i&&e(it"#t ft"e %#t #de. In t"at event, Defendant& &enten%e&"all /e &eved %#ntin#&l- and n#t in


39/41

3

Spevi nde t"e te'& and %#nditi#n& t"e P#/ati#nSpevi dee'& app#piate. In additi#n t# an- te'& t"eP#/ati#n Spevi i'p#&e&, t"e C#t &pe%ifi%all- i'p#&e& all #ft"e f#ll#(in! te'& #f p#/ati#n4

51 Defendant &"all 'ae inpen %#nta%t (it" t"e P#/ati#nSpevi (it"in &even 57 da-& #f t"e filin! #f t"i& Ode t#&i!n p f# p#/ati#n and &i!n an- p#/ati#n &pevi&i#na!ee'ent ee&ted /- t"e P#/ati#n Spevi.Telep!"e #!"$%#$ i& "!$ &'((i#ie"$9

52 Defendant &"all #/e- all la(&9

5* Defendant i& p#"i/ited f#' %#n&'in! # p#&&e&&in!al%#"#l # an- ille!al d! # an- d! f# ("i%" Defendantd#e& n#t "ave a valid pe&%ipti#n. In additi#n, Defendant i&

p#"i/ited f#' /ein! at an- l#%ati#n ("ee al%#"#l # ille!ald!& ae pe&ent, e!adle&& #f ("et"e Defendant i&a%tall- in p#&&e&&i#n #f # %#n&'in! &%" al%#"#l # ille!ald!&. T"i& p#"i/iti#n d#e& n#t p#"i/it Defendant f#'/ein! at a p/li% l#%ati#n 5e.!., e&taant ("ee al%#"#l i&&eved, l#n! a& t"e pi'a- pp#&e #f t"e e&ta/li&"'enti& n#t t"e &evin! #f al%#"#l and Defendant i& n#t %#n&'in!# in p#&&e&&i#n #f al%#"#l at t"at l#%ati#n9 and

5


40/41

4

If Defendant i& na/le t# pa- t"e %#&t& #f appeal, Defendant 'a- appl- t# t"e C#t f#app#int'ent #f %#n&el and t"e fni&"in! #f a tan&%ipt #f t"e eviden%e a& p#vided inI#(a C#de Se%ti#n& 81


41/41


Type: OTHER ORDER



So Ordered



OWCR012687 - Marshalltown man pleads guilty to OWI 2nd Offense.pdf

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