OWCR012690 - Des Moines man pleads guilty to OWI 1st Offense.pdf

8/9/2019 OWCR012690 - Des Moines man pleads guilty to OWI 1st Offense.pdf

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E-FILED 2014 NOV 04 3:18 PM SAC - CLERK OF DISTRICT COURT


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S TAT E O F I O WA ,

Plaintiff

DISTRICT COUK OF IOWS C COUNTY

IN THE IOW DISTRICT COURT FOR SAC COUNTY ^ ®

MAGISTRATE DIVISION 201 M O V ~U PM 3 : 5U

MAGISTRATE NO. H . i X j R l M ^ U S 0

vs.

Defendant

I N I T I A L A P P E A R A N C EO W I

O n this day of the Defendant herein appears before theundersigned Magistrate in and for Sac County, having been charged with the crime of Operating WhileIntoxicated - »3 V offense, being a violation of Section 3


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6. Defendant is entitled to a preliminary hearing unless waived, which bearing is held to determinewhether sufficient evidence exists to just ify further prosecution of the Defendant as charged. Prior to a

preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Tr i a l Informationmay be filed by the County Attorney of this county.

7. The Defendant is. informed of his/her rights to a prel iminary hearing and preliminary hearing is:

'I L Set for the 3 H ̂ day of A j O U ^ W ^ J , 20 j j at f 0} ^ A . M . in theMagistrate Courtroom, Courthouse, Sac C i ty, Sac County, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791before attending this hearing to determine whether or not it w i l l be held.

8. IF Y OU H AV E N O T B E E N F I N G E R P R I N T E D A N D P H O T O G R A P H E D F OR T H I SO F F E N S E , Y O U M U S T R E P O RT TO T H E S A C C O U N T Y S H E R I F F ' S D E PA R T M E N T W I T H I N 10 D AY SF R O M T H I S D AT E T O DO SO. IF D E F E N D A N T H A S NOT P R E S E N T E D T H E M S E LV E S W I T H I N 10D AY S F R O M T H I S D AT E , THE SAC C O U N T Y S H E R I F F ' S D E PA R T M E N T IS O R D E R E D AT HISC O N V E N I E N C E TO P I C K U P D E F E N D A N T T O B E P H O T O G R A P H E D A N D F I N G E R P R I N T E D .

If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district A D A coordinator at (641) 421-0990. (If you are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.)

/

Warren L . Bush Judicial Magistrate

Copies to:


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DISTRICT COURT OF 10^SA C COUNT Y

FILED

NOV 13 PH 12-. U2

IN THE I O WA DISTRICT COURT FOR. Sac C O U N T Y

STATE OF I O WA or , ) J X C r i m i n a l i v a

Plamtifl/Petitioner, > N f l ^ \ l Y l ^ V o T O

V S ' f < ~ v L * I » V l J i » ) F I N A N C IA L A F F I D AV I T / A P P L I C AT IO NVA J L y y l \ \ A A - T C > y F O R A P P O I N T M E N T O F COUNSEL

DefendaiJrfyRespondent. )

In support of my application fo r appointment of counsel, and under penalty of perjury, the undersigned states:

Name: I f O ^ Birth Date: \ / 5 U g C |

Home Phone: Cell Phone: ~ ^ \ C ^ T Q 0 ~ B ) \ & > E-mail:

Street Address:Street/P.O.Box Apt# City- State Zip

Pending charges: Q i j f O ^ X . In a i1 ? a Y e s

D o you have a job ? • No Job ^ T Ye s , F u l l Time • Ye s , Part Time (L i s t Hours/week: , )

Who do you work for?

How much money do you currently make before taxes or deductions? ̂?, • 5>0 per hour •mon th • year

How much money have you made in the last 12 months from any source, before taxes or deductions?

H ow many family members ar e supported by or live with you — >

If a spouse lives with you, how much money does your spouse make? (2̂ per • hour • month • year

List all other money you, or anyone else living in your household, has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythinielse worth more than $100: .

/ - ' , .. , =ist amounts you pay monthly for mortgages, rent, car loans, credit cards, child'support, or any other debts:List amounts you pay monthly for mortgages, rent, car loans,

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit I promise under penalty of perjury that the statements I make in this application are trueand that I am nnable to pay for ah attorney to represent me.

Date Signature

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. CODY JONATHON WOLFE ,

DEFENDANT.

02811 OWCR012690

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 Robert E. Peterson (712) 792-4485, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleOWCR012690 STATE VS CODY JONATHON WOLFEType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-11-13 15:05:29

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012690 Plaintiff, vs. TRIAL INFORMATION

CODY JONATHAN WOLFE,DOB: 01/21/1989 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, Cody Jonathan Wolfe

of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE , a SeriousMisdemeanor in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Cody Jonathan Wolfe, on or about November 2, 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

Prosecuting 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]:[email protected]


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THE STATE OF IOWA vs. CODY JONATHAN WOLFECriminal No. OWCR012690COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

MICHELLE PEDERSEN, OFFICER, LAKE VIEW POLICE DEPARTMENT

NATHAN BOECKMAN, RESERVE OFFICER, LAKE VIEW POLICE DEPARTMENT

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



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012690 STATE VS CODY JONATHON WOLFE

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 2014-11-21 14:19:46 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs CODY JONATHON WOLFE ,

Defendant.

Case No: 02811 OWCR012690

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 isscheduled on 12/03/2014 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 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



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Type: ORDER FOR ARRAIGNMENT


So Ordered




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STATE OF IOWA,

Plaintiff,

v

CODY JONATHAN WOLFE,Defendant.

Criminal No. OWCR012690

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY

IN THE IOW DISTRICT COURT FOR S C COUNTY

COMES NOW the above named defendant in the above captioned criminal case and under oathstates

1. I am represented by Attorney Robert E. Peterson, whose address and telephone number areP.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are: 52 4) 0 At ror A

es to ‘ e s Ti . 5 0 3 13 2 79:0 ? 7 45

3. I am 23 7/ears old. I can read and understand the English language and have completed the

following level of education: HS4. I have been advised by the above named attorney and understand that I have a right to

arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this

written arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing this

written arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) ofOperating While Intoxicated, First Offense in violation of Iowa Code section(s) 2112

(2013). I have read it, and I have familiarized myself with its contents.

6. With regard to the name by which I am charged in the indictment/trial information (either checka or check and complete b ):

y a. The name shown on the indictment/trial information is my true name. I have beenadvised and understand that I am now precluded from objecting to the indictment/trial

information upon the ground I am improperly named.[ ] b. The name shown on the indictment/trial information is not my true name. My true nameis I request that an entry be made in the minutes

E-FILED 2014 DEC 03 1:48 PM SAC - CLERK OF DISTRICT COURT


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showing my true name. I have been advised and understand further proceedings will be had

against me by that n ame, the ind ictment/trial information will be ame nded accordingly, and

when the in dictment/trial informat ion is so amend ed I will be precluded from objecting upon the

ground I am improperly named.

7 I have been advised and understand that I may plead guilty, not guilty, or former conviction or

acquittal.

8 For the purpose of this arraignment, I have had sufficient time to discuss my case with the above

name d at torney, and I waive any further time in which to en ter a plea.

9 I plead NOT GUILTY to the charge(s) of Operatin g While Intoxicated, First Offense

10 I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90days after ind ictment /filing of tria l information and [check either a or b ]:

[ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b).N •b. I waive my right to a speedy tria l pursuant to rule 2.33(2)(b).

11 I request that a trial date be promptly set pursuant to rule 2.9. My attorne y and I will be

available for trial on the following days:

State of Iowa Carroll County, ss.

Subscribed, sworn to, and acknowledged before me by Cody Wolfe this ay of

c e J 20 t :

Notary public or other officer authorized to take andcertify acknowledgemen ts and admin ister oaths.

[seal]

E-FILED 2014 DEC 03 1:48 PM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. CODY JONATHON WOLFE ,

Defendant.

Case No: 02811 OWCR012690

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

The defendant having filed a written arraignment in this matter on December 3, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 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 THEDEFENDANT'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 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. 1 of 3

E-FILED 2014 DEC 04 9:39 AM SAC - CLERK OF DISTRICT COURT


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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 TitleOWCR012690 STATE VS CODY JONATHON WOLFEType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

CODY JONATHAN WOLFE,

Defendant.

Case No. OWCR012690

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 21, 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, Robert Peterson. The parties, throughthe undersigned, represent the following to the Court:

1. 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,

and the State has agreed to recommend the following: 1) that Defendant receive

a 30-day jail sentence, with all but two day suspended and credit for any time

already served; 2) that Defendant pay all mandatory minimum fines, fees, and

costs; and 3) that Defendant be placed on informal probation with the Sac

County Probation Office.

2. Defendant intends to submit a written guilty plea by February 4, 2015.

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

time between plea and sentencing.

__________________________

Benjamin John SmithSac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2015 JAN 21 2:41 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.

02811 OWCR012690

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 02/04/2015 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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E-FILED 2015 JAN 22 10:24 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleOWCR012690 STATE VS CODY JONATHON WOLFEType: OTHER ORDER

So Ordered


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Date: 1/28/2015 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. OWCR012690vs.

CODY JONATHON WOLFE

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographicequipment(__X__), television cameras (__X__) or electronic sound recording equipment(__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial andsentencing.

3. The request(s) for expanded media coverage are described as follows:Two video cameras, tripods, videographers; audio accessibility; twophotographers with up to two still cameras and two lenses each, twotripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________Date___1/28/2015_____________________ Jesse HellingMedia Coordinator, Region 4

Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529



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2RCR15


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.

Case No. 02811 OWCR012690

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before February 9, 2015. If any objection is filed on orbefore February 9, 2015, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 9, 2015, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

ROBERT E PETERSON

MEDIA COORDINATOR

CODY JONATHON WOLFE

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State of Iowa CourtsCase Number Case TitleOWCR012690 STATE VS CODY JONATHON WOLFEType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, o. OWC R012690Plaintiff

vs.CODY JONATHAN WOLFE WI — 1st OFFENSEDOB: 01/21/1989 UILTY PLEA

Defendant.

COUNT I

1, the undersigned Defendant, have carefully read an d fully understand the following:

1 am charged with OPERATING A MOTOR VEHICLE WHILE INTOXICATED,FIRST OFFENSE, in violation of Iowa. Code Section 3211.2. a Serious Misdemeanor,and I hereby request that my plea of guilty to the charge be entered of record.

A . he maximum punishment for a Serious Misdemeanor is imprisonment ofnot more than one year in jail and a mandatory fine of not more than 1,250.00,plus statutory surcharges, plus court costs and all costs and fees incurred for legalassistance wh ich is immediately due on the date of sentencing, unless a paym entplan is approved by the court within thirty days of the judgment date. I realizethat, if there was no personal or property injury, and I present to the Court atemporary restricted license, the Court may waive up to 625 of the fine and therelated statutory surcharge. I acknowledge that, the Court may order me toperform community service work, if the Court is of the opinion that communityservice work will deter and discourage others from similar criminal activity. The

community service must be done for a governmental or non-profit agency. (Therate at which community service shall be calculated against my fine shall be thefederal minimum wage.) In addition, I may be required to pay correctional fees forincarceration and enrollment fees for probation. I am aware that sentencingoptions may include deferral of Judgment and Sentence, the grant of probation andthe suspension of the sentence imposed.

• There is a minimum penalty of imprisonment in jail for 48 hours, which must beimposed unless I am eligible for a deferred judgment, or deferred sentence.• The Court must order me to attend a course for drinking drivers.• The Court must order me to undergo a substance abuse evaluation and to followthe recomm endations.• The Court may order me to participate in a reality education substance abuseprevention p rogram.• The Court may order restitution to any victim of my offense. In addition, theCourt may order restitution up to 500 each to any public agency (fire-fighting, lawenforcement, ambulance, medical or any other emergency services), which respondedas a result of my violation.

E-FILED 2015 FEB 03 3:48 PM SAC - CLERK OF DISTRICT COURT


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• Unless the Department of Transportation has already revoked my license ordriving privileges, I understand my license or driving privileges will be revoked aminimum of 180 days.• I understand that there can be no deferral of judgment or sentence or suspension of

any mandatory minimum sentence of incarceration and no suspension of any other partof my sentence not involving incarceration if

• I tested over .15%; or• I refused an implied consent test; or• I have been convicted of OWI or received a deferred judgment or sentence

for OWI in Iowa or any other state; or• If another person was injured by this OWI offense.

• I understand that there can be no reduction of my fine and the related statutorysurcharge unless:

• The Court fords that there has been rio personal injury as a result of myactions, and

• The Court finds that there has been no property damage as a result of myactions, and• I present a temporary restricted license within the time ordered by the

Court.• I understand I must complete a substance abuse evaluation at my own expensebefore I can be sentenced. I will provide the evaluation to the Court before I amsentenced.

B. I understand that a criminal conviction, deferred judgment or deferred sentencemay affect my status under federal immigration laws.

C. If I plead not guilty, I would be entitled to the following rights. I give up theserights by pleading guilty:

(1). The right to a speedy and public trial by a jury of twelve people.(2). The right to have an attorney represent me at trial and, if the Court found I wasunable to afford an attorney, the Court would, at public expense, appoint an attorneyto represent me.(3). At trial, I would be presumed innocent until such time, if ever, the Stateestablished 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 beforced to testify, and if I choose not to testify, the State may not comment on the factof my failure to testify and, at my request, I would be entitled to a jury instruction

stating that the jury could not infer gu ilt from my failure to testify.(6). At trial, the State would have to confront me with witnesses upon whosetestimony it relied to obtain conviction, and I would have the right to cross examinethose witnesses.



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(7). At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive

my right to trial, and will be treated as if I had been tried and found guilty by ajury.

E. The Court, in determining whether there is a factual basis for this plea of guilty,may make such a determination by examining the Minutes of Testimony attachedto the Trial Information, by reviewing the investigative reports of law enforcementagents who have investigated the offense, or by asking me or counsel to recite andsumm arize the material facts that would be offered at trial.

The Court has the discretion to accept or reject any plea agreement made betweenthe State and myself. The plea agreement is: I will plead guilty to Count I:Operating a Motor Vehicle While Intoxicated Offense. Recommended jailsentence is 30 days in the Sac County Jail, all of which will be suspended exceptfor two (2) days, with credit for time served of 14 hours. Defendant maysubstitute a 48-hour Weekend Alcohol Program for 48 hours jail time. If I choosenot to attend the 48 hour Weekend A lcohol Program, then I will have to completethe 12 hour Drinking Driving Course. I will be placed on informal probation tothe Sac County P robation Officer for a period of one year from the Judgment entrydate. I will pay the mandatory minimum fine in the amount of 1,250.00, plus the35% surcharge in the amount of 437.50, the 10.00 DA RE surcharge, courtcosts, and court appointed attorney fees: to be paid as approved in the Sac CountyStandard P robation A greement. If I provide proof of a temporary driving permitthe fine will be reduced to 625.00 . will follow the recommendation of theSubstance Abuse Evaluation, which I obtained on December 2, 2014.understand that if my license to drive has not already been revok ed, for thisoffense, the Iowa Department of Transportation will revoke my driver's licensepursuant to Iowa Code Chapter 321J for the statutory period.

This plea agreement includes that I will be responsible to pay court costs, paymentof all costs and fees incurred for legal assistance, victim restitution, correction (jail) feefor any jail time and all surcharges and mandatory punishments (see paragraph B)applicable to my case.

F. now state to the Court that I am, in fact GUILTY and that no threats or promiseshave been made to induce me to enter my plea of guilty. I have been informed thatthe elements of the crime are: That I operated a motor vehicle 1) while underthe influence of an alcoholic beverage or other drug or a combination of suchsubstances; or 2) while having an alcohol concentration of .08 or more; or3) while any amount of a controlled substance is present in my person as

measured in my blood or urine. I understand the nature of the chargeagainst me.



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This offense was committed by me in Sac County Iowa by my doing thefollowing: I did on or about the r day of November 2014 unlawfully operate amotor 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 .153BAC).

I hereby state that I submit this written plea of guilty with full knowledge and waiver ofmy rights and I do so freely and voluntarily. No threats have been made against me toobtain this guilty plea. No promises of leniency or favorable treatment have been made,except for any plea agreement disclosed to the Court at the time of this guilty plea.

G . If the 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 itsacceptance of this guilty plea unless I waive this right. In order to contest this plea ofguilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing.The right to file a Motion in A rrest of Judgment will be waived by having the Courtimpose a sentence today.

(2). If the Court imposes a sentence today, I will never be able to challenge this pleaof guilty, and I will be giving up my right to directly appeal my guilty plea.I ask the Court to accept this plea of guilty. I waive the preceding rights and my rightto have the Court address me personally.

WAIVER OF MO TION IN ARREST OF JUDGMENT

If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:

1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgmentno later than 45 days after a plea of guilty and no later than 5 days prior topronouncement of judgment, and that the Court will set a sentencing date not lessthan fifteen days after the date of its acceptance of this guilty plea unless I waivethis right, and the right to file a Motion in A rrest of Judgment will be waived byhaving the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge thisplea of guilty 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 beentitled for sentencing at a later date.

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W IV ER O F RI GH T TO B E P R ESE N T

I have been fully advised that I have a constitutional right to be present at mysentencing and present evidence in my own behalf. I understand that it is my choice to be present or not and that no one can exclude me from sentencing.

W ith the above in mind and further understanding that my decision whether to be present or not is my own decision I hereby know ing ly and voluntarily w aive the r ight tobe present a t my sentencing.

D e fen d C od o t ha n W o lfe

A ttor n for De fen da nt Ro be rt E . P et erso nST AT E O F IO WA

SSSAC COU N TY

On this ay of e 4 0 2015 before me the undersigned a Notary P ublic CePc5

acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the State of Iowa

in and for said S tate personally appearedto me known to be the identical person named in and who ecuted the foregoing instrument and

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1


STATE OF IOWA,

Plaintiff,

v.

CODY JONATHON WOLFE,

Defendant.

OWCR01 !"0

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

CHARGE: O#e$atin% W&ile Int'(i)ated, Fi$*t Offen*e, a *e$i'+* i*de ean'$,in vi'lati'n 'f I'-a C'de / 1J.

Defendant &a* filed a -$itten %+ilt #lea and a -aive$ 'f Defendant * $i%&t t' 2e#$e*ent f'$ *enten)in%. Defendant a*3* t&at t&e #lea t' t&e a2've )&a$%e 2e a))e#tedand t&at *enten)e 2e i #'*ed #+$*+ant t' t&e #lea a$$an%e ent a%$eed +#'n 2 t&e#a$tie* -it&'+t t&e f'$ alit 'f t&e $e)'$d $e4+i$ed 2 R+le* .5 and .10 'f t&e I'-aR+le* 'f C$i inal P$')ed+$e.

T&e C'+$t &e$e2 inf'$ * Defendant t&at Defendant * #lea 'f %+ilt t' t&ea2've6$efe$en)ed )&a$%e i* a))e#ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i* ad7+di)ated %+ilt 'f t&e )$i e 'f O#e$atin% W&ile

Int'(i)ated, Fi$*t Offen*e, in vi'lati'n 'f I'-a C'de / 1J. .. Defendant i* &e$e2 *enten)ed a* f'll'-*8

a. Defendant *&all #a all 'f t&e f'll'-in% finan)ial '2li%ati'n*891: a fine in t&e *+ 'f ;1,


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9


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). A* a )'nditi'n 'f a #'$ti'n 'f Defendant * *enten)e 2ein%*+*#ended, Defendant i* #la)ed 'n inf'$ al #$'2ati'n f'$ a #e$i'd'f 'ne 91: ea$ t' t&e Sa) C'+nt P$'2ati'n Offi)e 9 t&e P$'2ati'nS+#e$vi*'$G: +nde$ t&e te$ * and )'nditi'n* t&e P$'2ati'nS+#e$vi*'$ dee * a##$'#$iate. In additi'n t' an te$ * t&e

P$'2ati'n S+#e$vi*'$ i #'*e*, t&e C'+$t *#e)ifi)all i #'*e* all 'ft&e f'll'-in% te$ * 'f #$'2ati'n8

91: Defendant *&all a3e in6#e$*'n )'nta)t -it& t&e P$'2ati'nS+#e$vi*'$ -it&in *even 9@: da * 'f t&e filin% 'f t&i* O$de$ t'*i%n +# f'$ #$'2ati'n and *i%n an #$'2ati'n *+#e$vi*i'na%$ee ent $e4+e*ted 2 t&e P$'2ati'n S+#e$vi*'$.Tele !"#e $"#%a$% &' #"% '())&$&e#% =

9 : Defendant *&all '2e all la-*=

9/: Defendant i* #$'&i2ited f$' )'n*+ in% '$ #'**e**in%al)'&'l '$ an ille%al d$+% '$ an d$+% f'$ -&i)& Defendantd'e* n't &ave a valid #$e*)$i#ti'n. In additi'n, Defendant i*#$'&i2ited f$' 2ein% at an l')ati'n -&e$e al)'&'l '$ ille%ald$+%* a$e #$e*ent, $e%a$dle** 'f -&et&e$ Defendant i*a)t+all in #'**e**i'n 'f '$ )'n*+ in% *+)& al)'&'l '$ ille%ald$+%*. T&i* #$'&i2iti'n d'e* n't #$'&i2it Defendant f$'2ein% at a #+2li) l')ati'n 9e.%., $e*ta+$ant: -&e$e al)'&'l i**e$ved, *' l'n% a* t&e #$i a$ #+$#'*e 'f t&e e*ta2li*& enti* n't t&e *e$vin% 'f al)'&'l and Defendant i* n't )'n*+ in%'$ in #'**e**i'n 'f al)'&'l at t&at l')ati'n= and

9?: Defendant *&all )' #l -it& all te$ * 'f t&i* O$de$,in)l+din% #a in% all finan)ial '2li%ati'n* and )' #letin% all$e4+i$ed ta*3* in a ti el anne$=

d. Defendant &a* '2tained a *+2*tan)e a2+*e eval+ati'n. Defendant*&all f'll'- an $e)' endati'n* f'$ t$eat ent '$ )'+n*elin%ade a* a $e*+lt 'f t&e eval+ati'n, all at Defendant * '-n e(#en*e=and

e. Defendant *&all en$'ll in and )' #lete t&e D$in3in% D$ive$ * S)&''l*#'n*'$ed 2 t&e )' +nit )'lle%e * *te . On '$ 2ef'$e t&e !0 t& da f'll'-in% t&e filin% 'f t&i* O$de$, Defendant *&all file -$itten#$''f -it& t&e Cle$3 'f C'+$t t&at Defendant &a* )' #leted t&eD$in3in% D$ive$ * S)&''l.



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/. T&e C'+$t %$ant* t&i* *enten)e 2e)a+*e it #$'vide* f'$ Defendant *$e&a2ilitati'n and t&e #$'te)ti'n 'f t&e )' +nit . T&e C'+$t &a* )'n*ide$ed t&e*enten)in% $e)' endati'n 'f t&e #a$tie*.

?. Defendant &a* a *tat+t'$ $i%&t t' a##eal 2 filin% -$itten n'ti)e 'f a##eal-it& t&e Cle$3 'f C'+$t 'f t&i* )'+nt -it&in /0 da * 'f t&e date 'f t&e*e #$')eedin%*.

If Defendant i* +na2le t' #a t&e )'*t* 'f a##eal, Defendant a a##l t' t&e C'+$t f'$a##'int ent 'f )'+n*el and t&e f+$ni*&in% 'f a t$an*)$i#t 'f t&e eviden)e a* #$'vided inI'-a C'de Se)ti'n* 51?." and 51?.11. Filin% a n'ti)e 'f a##eal -it&in t&e ti e and int&e anne$ *#e)ified in I'-a R+le 'f A##ellate P$')ed+$e !.101 i* 7+$i*di)ti'nal andfail+$e t' )' #l -it& t&e*e #$'vi*i'n* *&all #$e)l+de Defendant * $i%&t 'f a##eal.


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Type: OTHER ORDER


So Ordered




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OWCR012690 - Des Moines man pleads guilty to OWI 1st Offense.pdf

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