OWCR012704 - Carroll man pleads guilty to OWI 1st Offense.pdf

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Transcript of OWCR012704 - Carroll man pleads guilty to OWI 1st Offense.pdf

Page 1: OWCR012704 - Carroll man pleads guilty to OWI 1st Offense.pdf
Page 2: OWCR012704 - Carroll man pleads guilty to OWI 1st Offense.pdf

SAC COUNTY

14-12925Agency Case Number:

11/23/2014Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

KRAMER

Last

KAMDEN

First

KELLY

Middle Suffix

1402 HARRIET AVE

Address

CARROLL

City

IA

State

51401-0000

Zip Code

1/7/1983

Date of Birth

MALE

Gender

WHITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

IA

State

6' 04"

Height Weight

BLUE - BLU

Eye Color Hair Color

OFFENDER

State Local

321J.2(2)(A)

Code Section

OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

Crime Description

SRMS

Class

13 - HIGHWAY/ROAD/ALLEY

Location Type

N028/DAKOTA AVE

Literal Description

1/2 SOUTH OF 355TH ST. ON N28

Address

AUBURN

City

IA

State

51433

Zip Code

YES

Is Date and Time of Incident Known?

11/22/2014

Incident Date or Low Range Upper Date Range

22:20

Incident Time or Low Range Upper Time Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

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

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

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

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

Last First Middle Suffix

STATE OF IOWA

Business/Organization/State/County/Municipality Name

Address City State Zip

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

I, Deputy Burns, was dispatched to a traffic complaint on N28, south bound from 345th St. approximately. RP stated that the vehicle ahead of them, a black 2012 Ford Fusion IA Lic. 129WGB, was going 25 mph and was all over the road. RP then stated that the said vehicle I, Deputy Burns, was dispatched to a traffic complaint on N28, south bound from 345th St. approximately. RP stated that the vehicle ahead of them, a black 2012 Ford Fusion IA Lic. 129WGB, was going 25 mph and was all over the road. RP then stated that the said vehicle

of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 14-129251 211/24/2014 8:49 AM

E-FILED 2014 NOV 24 8:42 AM SAC - CLERK OF DISTRICT COURT

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stopped on the side of the road. I observed said vehicle on the side of the road a 12 mile south of 355th St. Upon making contact with the driver, I had to first wake the driver up. The driver stated that he had been in Pameroy at a party. There was a 24 ounce Bud Light beer can in the cup holder. The driver stated he had 3-4 drinks at the party. The subject had blood shot watery eyes, slow slurred speech, and a strong odor of consumed alcohol on or about his person. The driver also had vomit on his crotch area of his pants the floor board and in the cup holder. Displayed distinct and sustained nystagmus at 45 degrees and prior to 45 degrees. Defendant performed poorly on the walk and turn and the one leg stand. Defendant consented to PBT test which indicated a level above the legal limit. Defendant was read the implied consent form and the specimen request form and consented by checking the box and signing the form. Results of the data master was .142 BAC.

stopped on the side of the road. I observed said vehicle on the side of the road a 12 mile south of 355th St. Upon making contact with the driver, I had to first wake the driver up. The driver stated that he had been in Pameroy at a party. There was a 24 ounce Bud Light beer can in the cup holder. The driver stated he had 3-4 drinks at the party. The subject had blood shot watery eyes, slow slurred speech, and a strong odor of consumed alcohol on or about his person. The driver also had vomit on his crotch area of his pants the floor board and in the cup holder. Displayed distinct and sustained nystagmus at 45 degrees and prior to 45 degrees. Defendant performed poorly on the walk and turn and the one leg stand. Defendant consented to PBT test which indicated a level above the legal limit. Defendant was read the implied consent form and the specimen request form and consented by checking the box and signing the form. Results of the data master was .142 BAC.

BURNS, JOEL 81-7

Signature of Complainant or Officer, Officer Name & Number

02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLICBEVERAGES/CONTAINERS, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION

Defendant Implicated

Sac - 81

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 07 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 08 -BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 - IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODORON BREATH, 14 - FAILED ONE-LEG STAND

OWI

.142%

BAC on DatamasterDCI Lab Screen Positive for Drugs

Field Sobriety Tests Refused

1 - FIRST OFFENSE

Number of Offense

OWI

SAC COUNTY

11/23/2014

KAREN KIMENotary Name Signature of Verifying Party

777584Commission Number

03/21/2016My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form #:PagePrinted At of Form #:PagePrinted At SAC COUNTY SHERIFF'S OFFICE 14-129252 211/24/2014 8:49 AM 2 211/24/2014 8:49 AM

E-FILED 2014 NOV 24 8:42 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MAGISTRATE DIVISION

STATE OF IOWA,

Plaintiff MAGISTRATE NO. Q l O C r N ^

INITIAL APPEARANCE OWI

C D E : ~ C O

—I

CD t o o

ro Z}"P.

-< -n

o ro

Defendant

33*& day J t ^ t M f a , 20_|_} On this °^ — ' ' d a y o f v ~ v t / ^ ^""^ 20 | \ the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While Intoxicated - \ \ V offense, being a violation of Section ?3U«J" t X . ° f t n e Code of Iowa.

The Court advises the Defendant as follows:

That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

That he/she is charged with a violation of Section 3d>l-3~t Jj^ , which is classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor IK

That the maximum punishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - Minimum days b) Years Prison . i " 2 C < l l SYf f IS c) And/Or a fine of not less than $ (cAVfl or more than $ [ l f \ T * * W d) You wil| lose your license for a minimum of / j$ days and cannot obtain

a work permit for Q days.

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 this Court.

5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Gas's-1) lelohy/serious misdemeanor; or (b) N. (If appropriate) Upon consideration of the factors in Section 811.2, tire Cuui I Is Hoi

' ' ' ' y UUUIIIMI/t T H i t y n n w i l l a p p e a r a t a l l i - m i i t p P l l l i U u l l l l l j N i II , f u t u r e a ^ r f f h f t r f f n T P t h e

Court imposes the following conditions on your release: (1) You must not use alcohol or drugs during the pendency of this matter.

You must not drive while your license is under suspension. You must obey the laws of the State of lowa and the United States. You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - (712) 662-7921) or Compass Pointe (Storm Lake - (712) 732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368, Sac City, IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO

(2)

rr_3 ( 3 )

\FH4)

COMPLY WILL RESULT IN ISSUANCE OF REVOCATION OF YOUR PRETRIAL RELEASE.

AN ARREST WARRANT AND

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6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine . whether sufficient evidence exists to justify 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 Trial Information 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 hearing is:

Set for the ( ^ ^ d a y of O ^ g g ^ - ^ ' e ^ , 20 Hi at [015b A . M . in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. ^ ^ " 7

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

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

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

Warren L. Bush Judicial Magistrate

Copies to:

County Attorney Defendant Sac County Sheriff

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

Plaintiff, ) Case No. OWCR012704; STA0022050 V. )

APPEARANCE AND KAMDEN KRAMER, ) WAIVER OF PRELIMINARY

HEARING Defendant. )

COMES NOW, Derek Johnson, and hereby enters his appearance for the above-named

Defendant. The Defendant waives the formality of the Preliminary Hearing.

/s/ Derek Johnson Derek Johnson AT0003858 JOHNSON & BONZER, PLC. 809 Central Avenue - Suite 400 Fort Dodge, IA 50501 Telephone: 515-955-2193 [email protected] [email protected]

E-FILED 2014 DEC 08 3:14 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012704 Plaintiff, vs. TRIAL INFORMATION

KAMDEN KELLY KRAMER,DOB: 01/07/1983 Defendant.

COUNT ICOMES 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, Kamden Kelly Kramer

of the crime of OPERATING WHILE INTOXICATED FIRST OFFENSE a Serious Misdemeanor

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

The said Defendant, Kamden Kelly Kramer, on or about November 22, 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]

E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

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THE STATE OF IOWA vs. KAMDEN KELLY KRAMERCriminal No. OWCR012704COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

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

E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

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 2014-12-31 13:03:26 page 3 of 3

E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs KAMDEN KELLY KRAMER , Defendant.

Case No: 02811 OWCR012704 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 01/07/2015 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

E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

So Ordered

Electronically signed on 2014-12-31 13:03:27 page 2 of 2

E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY ______________________________________________________________________________ STATE OF IOWA, ) No. OWCR012704 Plaintiff, ) vs. )

MOTION TO CONTINUE KAMDEN KELLY KRAMER, )

Child ) ______________________________________________________________________________

COMES NOW, the undersigned attorney and for his Motion to Continue states:

1. The Defendant is scheduled for Arraignment on January 7, 2015, at 9:00 a.m. 2. Due to the Holidays my office was closed December 31, 2014, and reopened on

January 5, 2015. As a result the undersigned just received notice of the Order setting Arraignment.

3. The Defendant lives in Carroll, IA and due the current inclement weather it will be

difficult for the Defendant to make it to Fort Dodge prior to the arraignment date.

WHEREFORE, the undersigned respectfully request that this matter be continued. /s/ Derek Johnson

Derek Johnson AT0003858 JOHNSON & BONZER, PLC. 809 Central Avenue – Suite 400 Fort Dodge, IA 50501 Telephone: 515-955-2193 [email protected] [email protected]

E-FILED 2015 JAN 05 2:03 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2015 JAN 05 2:03 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. KAMDEN KELLY KRAMER , Defendant.

02811 OWCR012704 ORDER RESCHEDULING ARRAIGNMENT

Defendant requests a continuance of the arraignment. The request is granted. IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/21/2015at 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 setforth 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 Defense Counsel

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E-FILED 2015 JAN 05 2:48 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN KType: ORDER FOR CONTINUANCE

So Ordered

Electronically signed on 2015-01-05 14:48:34

2 of 2

E-FILED 2015 JAN 05 2:48 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

)

)

)

)

Case No. OWCR012704

Plaintiff,

vs. WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY

KAMDEN KELLY KRAMER,

Defendant.

COMES NOW the above-named Def~ndant in the above-captioned criminal case and under oath states:

1. I am represented by an attorney. The name and address of my attorney is Derek Johnson, 809 Central, Suite 400, Fort Dodge, Iowa 50501.

1. My current mailing and residence addresses 1402 Harriet Ave., Carroll, lA 51401 and my current telephone number is 712-790-3844.

1. I am 32 years old, I can read and understand the English language and have completed the following level of education: . p.A.

1. I understand that I have a right to arraigpment 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 proceedings which are computed from the date of arraignment will be computed from the date of filing this written arraignment and plea of not guilty.

1. I have received a copy of the indictment/trial information which charges me with the crimes of: COUNT 1: OPERATING WHILE INTOXICATED. I have read it, and I have familiarized myself With its contents.

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

(X) a. The name shown on the indictment/trial information is my true name. I have been advised 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 name is I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had

1

E-FILED 2015 JAN 12 4:09 PM SAC - CLERK OF DISTRICT COURT

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against me by that name, the indictment/trial information is so amended I will be precluded from objecting upon the ground I am improperly named.

1. I have been advised and understand that I may plead guilty, not guilty, or former conviction or acquittal.

1. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above-named attorney, and I waive any further time in which to enter a plea

1. I plead NOT GUILTY to the charges of COUNT I: OPERATING WHILE INTOXICATED.

2. 3. I have been advised and understand tha(I have~a :right under-Riile2J3(i)(bTo:f the--~~---

Iowa Rules of Criminal Procedure to a trial within ninety days after indictment/filing of the trial information and: (check either "a" or "b")

( ) a. I demand a speedy trial pursuant to Rule 2.33(2)(b ). ( X ) b. I waive my right to a speedy trial pursuant to Rule 2.33(2)(b ).

1. I request that a trial date be promptly set pursuant to Rule 2.9(1) of the Iowa Rules of Criminal Procedure.

STATE OF IOWA ss

COUNTY OF WEBSTER

Original Filed

K.amden Kramer

2

Notary Public for the State of Iowa

KIM L WlNISELMAN Notarial Seal - Iowa

Commission # 777416 !J My Commission Expires 3U';[ lo

E-FILED 2015 JAN 12 4:09 PM SAC - CLERK OF DISTRICT COURT

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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. KAMDEN KELLY KRAMER , Defendant.

Case No: 02811 OWCR012704 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 12, 2015. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 02/18/2015 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 03/03/2015 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 2015 JAN 13 10:15 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

2 of 3

E-FILED 2015 JAN 13 10:15 AM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN KType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2015-01-13 10:14:56

3 of 3

E-FILED 2015 JAN 13 10:15 AM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. KAMDEN KELLY KRAMER, Defendant.

No. OWCR012704

REPORT OF PRETRIAL CONFERENCE

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

and represents the following to the Court:

On February 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, Derek Johnson. 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

FIRST OFFENSE) pay the minimum fine and costs, and the State has agreed to

recommend Defendant receive a deferred judgment and dismiss the

“companion” open container complaint filed in STA0022050.

Defendant intends to submit a written guilty plea by February 18, 2015.

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

time between plea and sentencing.

__________________________ 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]

E-FILED 2015 FEB 06 1:34 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. KAMDEN KELLY KRAMER , Defendant.

02811 OWCR012704

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 02/18/2015 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 FEB 06 3:44 PM SAC - CLERK OF DISTRICT COURT

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State of Iowa CourtsCase Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN KType: OTHER ORDER

So Ordered

Electronically signed on 2015-02-06 15:44:42

2 of 2

E-FILED 2015 FEB 06 3:44 PM SAC - CLERK OF DISTRICT COURT

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, No. OWCR012704

Plaintiff

vs. GUILTY PLEA

SERIOUS MISDEMEANOR- OWl

KAMDEN KELLY KRAMER, DOB: 01107/1983

Defendant.

COUNT I

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

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

A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one year in jail and a mandatory fine ofnot more than $1,250.00, plus statutory surcharges, plus court costs and all costs and fees incurred for legal assistance which is immediately due on the date of sentencing, unless a payment plan is approved by the Court within thirty days of the Judgment date. I realize that, if there was no personal' or property injury, and I present to the Court a temporary restricted license, the Court may waive up to $625 of the fine and the related statutory surcharge. I acknowledge that, the Court may order me to perform community service work, if the Court is of the opinion that community service work will deter and discourage others from similar criminal activity. The community service must be done for a governmental or non­profit agency. (The rate at which community service shall be calculated against my fine shall be the federal minimum wage.) In addition, I may be required to pay correctional fees for incarceration and enrollment fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of the sentence imposed. • There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposed 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 follow the recommendations. • The Court may order me to participate in a reality education substance abuse prevention pro gram. • The Court may order restitution to any victim of my offense. In addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law

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enforcement, ambulance, medical or any other emergency services), which responded as a result of my violation. • Unless the Department of Transportation has already revoked my license or driving privileges, I understand my license or driving privileges will be revoked a minimum of 180 days. • I understand that there can be no deferral of judgment or sentence or suspension of any mandatory lllinimum sentence of incarceration and no suspension of any other part of my sentence not involving incarceration if:

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

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

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

• The Court fmds that there has been no personal injury as a result of my actions, and

• The Court finds that there has been no property damage as a result of my actions, 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 expense before I can be sentenced. I will provide the evaluation to the Court before I am sentenced.

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

C. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1). The right to a speedy and public trial by ajuryoftwelve people. (2). The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, at public expense, appoint an attorney to represent me. (3). At tria~ I would be presumed innocent until such time, if ever, the State established my guilt beyond a reasonable doubt. ( 4). At tria~ a jury verdict of guilty would have to be unanimous. (5). At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and if I choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify. (6). At tria~ the State would have to confront me with witnesses upon whose testimony it relied to obtain conviction, and I would have the right to cross examine those witnesses.

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(7). At trial, I would be entitled to present witnesses to testify on my behalf and to compulsory 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 tria~ and will be treated as if I had been tried and found guilty by a jury.

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

The Court has the discretion to accept or reject any plea agreement made between the State and myself The plea agreement is: I will plead to Count I: Operating a Motor Vehicle While Intoxicated, 1st Offense. The County Attorney will recommend a Deferred Judgment. I will be placed on probation to the Sac County Probation Officer for a period of one year from the Judgment date. I will pay a Civil Penalty, to the State Court Administrator. in the amount of $1,250.00 and court costs in the amount of $100.00: to be paid as approved in the Sac County Standard Probation Agreement. If I obtairi. a temporary restricted license the Civil Penalty will be reduced to $625.00. I will complete a 12-hour Prime for Life course or similar program within six (6) months of this date. I will follow the recommendation of the Substance Abuse Evaluation I obtained on December 22, 2014 from New Opportunities. I understand that 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 statutocy period. As part of the plea agreement, the County Attorney will recommend dismissal of the companion citation, STA0022050, with court costs of $60.00 assessed to the defendant.

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

F. I now state to the Court that I am, in fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: 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) 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 charge against me.

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This offense was committed by me in Sac County Iowa by my doing the following: ! did on or about November 22, 2014, unlawfully 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 .142 (BAC).

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats have been made against me to obtain 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 its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to ftle a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today.

(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty, and I will be giving up my right to directly appeal my guilty plea.

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

WAIVER OF MOTION 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 Judgment no later than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of judgment, and that the Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to ftle a Motion in Arrest of Judgment will be waived by having the Court impose a sentence now.

2. By having the Court impose my sentence now, I will never be able to challenge this plea 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 be entitled for sentencing at a later date.

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WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my

sentencing 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.

With the above in mind, and further understanding that my decision whether to be

present or not is my own decision, I hereby knowingly and voluntarily waive the right to

be present at my sentencing.

STATE OF IOWA

SAC COUNTY

) ) ss )

on, Defendant's Attorney

On this l~ day of h Q bn 10VJ 2015 before me the undersigned, a Notary Public in and fo:r; said State, personally appeared

bo-ooa eo u m mf v ' to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed

r . .. . .. --· -· --""'-· -- -~.::-=-.

t 1...._ JESSICA K. JOiU\!SOL'~

~ , 'f. Commission Number 73641 G • • Mq;mmissi(ffl Expires

1 OW --~-~-~

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. KAMDEN KELLY KRAMER, Defendant.

OWCR012704

RECORD OF PLEA OF GUILTY AND DEFERRED JUDGMENT ORDER

CHARGE: Operating While Intoxicated, First Offense, a serious misdemeanor, in violation of Iowa Code § 321J.2

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be

present for sentencing. Defendant asks that the plea to the above charge be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. The Court hereby informs Defendant that Defendant’s plea of guilty to the above-referenced charge is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is granted a deferred judgment pursuant to Iowa Code

Sections 901.5 and 907.3. 2. Defendant shall pay all of the following financial obligations: (a) Pursuant to Iowa Code Sections 321J.2(3)(c)(1) and 907.14,

Defendant shall pay a civil penalty of $1,250.00. However, due to the fact that no personal or property injury has resulted from Defendant’s actions, if Defendant presents proof to the Court that Defendant has obtained a temporary restricted license issued pursuant to Iowa Code Section 321J.20 after the minimum period of ineligibility, the Court will consider waiving $625.00 of the civil penalty;

(b) restitution in an amount to be determined at a later time. The State shall file a statement of pecuniary damages within 30 days of today’s date, or no restitution shall be ordered. Upon filing of such a statement, the amount claimed in the statement shall be considered to be ordered to be paid unless Defendant objects to the claimed amount by filing an objection within 10 days of the filing of the statement. In that event, the Court shall issue an order establishing the restitution amount, with or without a hearing as the Court deems appropriate; and

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(c) Defendant shall pay the court costs of these proceedings. Defendant shall pay all financial obligations owed to the Clerk of Court of

this county or online at www.iowacourts.gov. All such financial obligations shall be paid pursuant to a payment plan to be developed by his probation supervisor.

3. Defendant is placed on probation under the following terms and

conditions:

a. Defendant is placed on probation to the Sac County Probation Officer (“the Probation Supervisor”) for a period of one (1) year from the date of filing of this Order;

b. Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems appropriate. In addition to any terms and conditions imposed by the Probation Supervisor, the Court specifically imposes all of the following additional terms and conditions: (1) Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to sign up for probation and sign any probation supervision agreement requested by the Probation Supervisor. Telephone contact is not sufficient;

(2) Defendant shall obey all laws; (3) Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant does not have a valid prescription. In addition, Defendant is prohibited from being at any location where alcohol or illegal drugs are present, regardless of whether Defendant is actually in possession of or consuming such alcohol or illegal drugs. This prohibition does not prohibit Defendant from being at a public location (e.g., restaurant) where alcohol is served, so long as the primary purpose of the establishment is not the serving of alcohol and Defendant is not consuming or in possession of alcohol at that location;

(4) Defendant has obtained a substance abuse evaluation.

Defendant shall follow any recommendations for treatment or counseling made as a result of the evaluation, all at Defendant's own expense;

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(5) Defendant shall enroll in and complete the Drinking Driver's

School sponsored by the community college system. On or before the 60th day following the filing of this Order, Defendant shall file written proof with the Clerk of Court that Defendant has completed the Drinking Driver's School; and

(6) Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all required tasks in a timely manner.

4. The Court grants this deferred judgment because it provides for the rehabilitation of Defendant and for the protection of the community. The Court has considered the recommendation of the parties with respect to disposition. The terms of this Order are appropriate in light of the relevant facts, including Defendant's criminal record, or lack thereof, and/or the circumstances of the case. 5. Due to the fact that judgment has been deferred, appeal rights do not apply. 6. Defendant is advised that, in the event Defendant does not fulfill the conditions of probation, in addition to potential contempt of court sanctions, the Court may revoke Defendant’s probation and impose any sentence authorized by law. 7. Defendant's appearance bond, if any, is exonerated, except as otherwise provided in this Order. 8. IT IS FURTHER ORDERED that Case No. STA0022050 is dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant.

Clerk Shall Furnish Copies To: County Attorney Defense Counsel Probation Supervisor Iowa Department of Transportation

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State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleOWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

So Ordered

Electronically signed on 2015-02-18 10:27:23 page 4 of 4

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E-FILED 2015 FEB 20 10:52 AM SAC - CLERK OF DISTRICT COURT