OWCR012714 - Arthur woman pleads guilty to OWI 1st Offense.pdf

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    E-FILED 2014 DEC 03 11:52 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2014 DEC 03 2:33 PM SAC - CLERK OF DISTRICT COURT

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

    vs.

    MICKAYLA FISCHER , Defendant.

    Case No: 02811 OWCR012714

    INITIAL APPEARANCE OWI

    Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

    The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

    The Court advises the Defendant as follows:

    1. That he/she has the right to remain silent. That any statement made by the Defendant can

    and would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

    2. That he/she is charged with a violation(s) as stated above and classified as:

    Felony - Class

    Aggravated Misdemeanor

    Serious Misdemeanor

    3. That the maximum punishment for a plea of guilty or conviction of the above charge is:

    One Year County Jail - Minimum 2 days

    Years Prison

    And/Or a fine of not less than $1250.00 or more than $1875.00 plus 35%25 surchargeand court costs

    You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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    E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

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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 01/12/2015 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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    E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

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    Sac County Sheriff

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    E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Case Number Case TitleOWCR012714 STATE VS MICKAYLA M FISCHERType: HEARING FOR INITIAL APPEARANCE

    So Ordered

    Electronically signed on 2014-12-22 09:01:20

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    E-FILED 2014 DEC 22 9:01 AM SAC - CLERK OF DISTRICT COURT

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    IOW DISTRICTCOURT FORS CCOUNTY

    DISTRICT CO'Jrti OF IOWA

    SAC COUNTY

    FILED

    STATE

    O F I O W A ,

    20NDEC22 AH

    =

    UQ

    PLAINTIFF O nW j t IAW

    vs.

    PPLIC TION TOW IVE

    A T T O R N E Y A N DP R O C E E D ( P R OSE)

    D E F E N D A N T

    In su ppo r t of my appl icat ion to waiv e at torney I s ta te:

    1. I kno w I have a

    right

    to be represented by an at torney in th is

    case

    and

    that

    if

    cannot a f fo rd to h i re an a t to rney , the Cour t wou ld appo in t

    counse l for m e, wi t ho ut any in i t ia l costs on my par t . I fur th er real ize

    that I wo u ld u l t imate ly have to re imburse the S ta te fo r thos e expenses .

    2 . I know

    that

    an at torney would represent my in terest in a l l cour t

    proceed ings and wo uld be ava i lab le to a nswer ques t ions fo r m e. I am

    a w a r e

    that

    there may be defenses to the charges against me

    that

    I as a

    non - lawye r may not be aw are of . I know a lawye r wo uld g ive me the

    oppor tun i ty to ob ta in an independent op in ion on how to p roceed and

    defend the

    case

    against me.

    3 .

    I kno w the Co unty At t orn ey and h is s taf f do not repr es ent me but

    ra ther a re respons ib le fo r p r osecu t ing me. I know

    that

    I can no t re ly

    upon the Cou nty A t to rney fo r lega l adv ice .

    4 . Hav ing cons idered myright to

    counse l ,

    t o g e t h e rwith the r isk and

    d isadvan tages

    o f p roceed ing w i th out an a t to rney , I wa nt to represent

    mysel f and I wa nt to w aiv e myright to an at torney.

    Dated

    this

    Defendant

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    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.MICKAYLA MARIE FISCHER,

    Defendant.

    No. OWCR012714

    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, MICKAYLA MARIE FISCHER (Defendant) of the crime of

    OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious

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

    or about December 2, 2014, in Sac County and State of Iowa, Defendant 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; while having an alcohol concentration of .08 or

    more as measured in the person's breath, blood or urine; and while any amountof a controlled substance is present in the person as measured in the person's

    blood or urine.

    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]

    E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

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    WITNESS LIST

    ALEXANDER EHLERS, Chief, Schaller Police Department

    MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI

    E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: Approval of Trial Information

    Case Number Case Title

    OWCR012714 STATE VS MICKAYLA M FISCHER

    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 2014-12-24 12:01:26 page 3 of 3

    E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

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    Notice Id: D2TIAR

    IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    vs

    MICKAYLA FISCHER ,

    Defendant.

    Case No: 02811 OWCR012714

    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 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 shall

    remain in effect and the defendant shall obey all Federal, State and Local Laws.

    Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

    E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

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    State of Iowa Courts

    Type: ORDER FOR ARRAIGNMENT

    Case Number Case Title

    OWCR012714 STATE VS MICKAYLA M FISCHER

    So Ordered

    Electronically signed on 2014-12-24 12:01:26 page 2 of 2

    E-FILED 2014 DEC 24 12:01 PM SAC - CLERK OF DISTRICT COURT

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    INT H EIOWA

    DISTRICT

    C OU R TIN

    AND

    F ORSACC OU N TY

    ST TE OF IOWA

    Plaintiff,

    vs.

    M I C K Y L M R IE

    FISCHER

    Defendant.

    N o.

    OWCR012714

    WR ITTEN

    R R IGNME N T

    P L E OF

    NOT

    G U IL TY

    ProSe

    i

    re

    ro

    o

    O

    i

    J>

    - n o

    n

    cr.

    C O M E SN O Wthe Defendant in the above-captioned criminal

    case

    and under oathstates:

    1. I have been informed of my right to berepresentedby an Attorney, and decline to be

    represented

    by an attorney and I

    wish

    to proceed ProSe.

    2.

    M y

    current

    mailing

    and residence

    addresses

    and telephone number are:

    Address:

    Telephone: 11 3 . - U l S - (HQ

    3 1 l

    -

    ^ 0 ^ ^ ( C - J

    3. I can read and understand Englishlanguage and have completed thefollowing levelof

    education: H~S | f

    C ^ j T ^ Y H A r M ^

    C a.\.\ ?

    C|

    < .

    4. I have been advised by the Sac County Attorney and understand thatI have a right to

    arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this

    Written

    Arraignment and Plea

    ofNotGuilty.

    I understand

    that

    times for further proceedings

    which

    are computed from the

    date

    of arraignment

    wil l

    be computed from the

    date

    of

    filing

    this Written Arraignment and Pleaof

    Not

    Guilty.

    5. I have received a copy of the

    Trial

    Information whichchargesme with the crime of

    O P E R A T I N G W H I L E I N T O X I C A T E D F I R S T O F F E N S E

    a Serious Misdemeanor in

    violation

    of Iowa Code Section 321J.2. I have read it and I have

    familiarized

    myselfwith

    it

    contents.

    6.

    W ith

    regard to the

    name

    by which I am charged in the

    Trial

    Information (either check a

    or check and complete b ):

    (^fa. The

    name

    on the

    Trial

    Information is my

    true

    name. I have been advised and

    understand thatI am now precluded from objecting to the

    Trial

    Information upon the

    grounds

    that

    I am improperly named.

    ( ) b. The

    name

    shown on the

    Trial

    Information is not my

    true

    name.

    M ytrue

    name

    is

    . I

    request

    that an entry be

    made

    in the

    minutes showing my

    true

    name. I have been advised and understand further

    proceedings

    wil l

    be had against me bythat

    true

    name, the

    Trial

    Information

    wil l

    be

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    amended accordingly, and when the

    Trial

    Information is so amended, I wil l be

    precluded

    from

    objecting

    upon the grounds I amimproperlynamed.

    7. I have advised and understandthatI may plead

    guilty,

    not

    guilty

    orformer

    conviction

    or

    acquittal.

    8. For the purpose of

    this

    arraignment, I have had

    sufficient

    time to contemplate my case,

    and waive

    any

    further

    time

    in

    whichtoentera

    plea.

    9.

    I plead

    N O T G U I L T Y

    to the charge

    in

    paragraph

    5

    above.

    10. I have been advised and understandthatI have a right under

    Rule

    27(2)(b) of the Iowa

    Rules

    of

    Criminal

    Procedure to a

    trial within

    ninety days/one year after the

    filing

    of the

    Trial

    Information

    and (check either

    a

    or b ):

    ( vfa . I demand a speedytrialpursuant to

    Rule

    27(2)(b) and (c).

    ( ) b. Iwaivemy right to a speedytrialpursuant to

    Rule

    27(2)(b) and (c).

    11. I requestthatatrialdatebe set pursuant to

    Rule

    8.1 oftheIowa RulesofCriminal

    Procedure.

    I

    wil l

    be

    availablefortrial

    on thefollowing

    days:

    .

    Defendant^MickaylaMarie

    Fischer

    S T A T E O F I O W A )

    )

    SS

    S A C C O U N T Y

    )

    On

    this b day of

    b i ^ j ^ v a , 20 I f

    before

    my

    the

    undersigned,

    a

    Notary

    PublicinandforsaidState,

    personally

    appeared P O ^ ^ k ^ y U . P\

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    INT H EIOWADISTRICTCOURT INANDF OR

    SAC

    COUNT Y

    r-o

    r_n

    I

    S

    S T A T EOFIOWA, No. OWCR012714

    r_

    W O

    Plaintiff,

    3=

    1

    J>1

    - T 0

    L

    GUILTY

    P L E A

    O C T J

    ; O

    vs.

    SERIOUS

    MISDEMEANOR-

    OWI

    O C T J

    ; O

    M I C K A Y L A

    M A R IE

    FISCHER,

    o

    Defendant.

    ro

    COUNT

    I

    I,the undersigned Defendant, havecarefullyread and

    fully

    understand thefollowing:

    Iam 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 - 1ST

    O F F E N S E , in

    violation

    of Iowa Code Section 321J.2, a Serious Misdemeanor, and I hereby

    requestthatmy plea of

    guilty

    to the charge be entered ofrecord.

    A .

    The maximum punishment for a Serious Misdemeanor is imprisonment ofnotmore than one

    year

    in ja i l

    and a mandatory fine of not 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

    thedateof sentencing unless a payment plan is approved by the Courtwithinthirty days of

    the judgmentdate. I realizethat,

    if

    therewas no personal or propertyinjury,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 opinionthatcommunity service work will

    deter and discourage othersfrom similarcriminalactivity. The community service must be

    done

    for

    a governmental or

    non-profit

    agency. (Therateat

    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

    awarethatsentencing options may include deferral of Judgment and Sentence, the grant of

    probation and the suspensiono fthe sentence imposed.

    There is aminimumpenalty of imprisonmentinjailfor48 hours,

    which

    must be imposed

    unless I am

    eligible

    for a deferred judgment, or deferred sentence.

    The Court must order me to attend a coursefor

    drinking

    drivers.

    The Court must order me to undergo a substance abuseevaluation and to followthe

    recommendations.

    The Court may order me to participate in a reality education substance

    abuse

    prevention

    program.

    The Court may order restitution to anyvictimofmyoffense. In addition, the Court may

    order restitution up to 500 each to any public agency

    (fire-fighting,

    law enforcement,

    ambulance, medical or any other emergency services),

    which

    responded as a result of my

    violation.

    1

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    Unless the Department of Transportation has already revoked my license or driving

    privileges,I understand my license ordrivingprivilegeswill be revoked aminimumof 180

    days.

    I understand that therecan be no deferral

    of

    judgment or sentence or suspension of any

    mandatory minimum sentence of incarceration and no suspension of any other part of my

    sentence not

    involving

    incarceration if:

    I tested over

    15 ;

    or

    I refused animpliedconsent

    test;

    or

    I have been convicted of OW I or received a deferred judgment or sentence for

    OW I

    in Iowa or any otherstate;or

    If another person wasinjuredby this

    OWI

    offense.

    I understandthat therecan be no reduction of

    my

    fine and the related statutory surcharge

    unless:

    The Court findsthat therehas been no personal injury as a result ofmyactions,

    and

    The Court finds

    that there

    has been no property damage as a result of

    my

    actions,

    and

    I

    present a temporary restricted licensewithinthe time ordered by the Court.

    I understand I must complete a substance abuseevaluation at my own expense before I

    can be sentenced. Iwillprovide the evaluation to the Court before I am sentenced.

    B .

    I understand thatacriminal

    conviction,

    deferred judgment or deferred sentence may affect

    my

    statusunder federalimmigrationlaws.

    C.

    If I plead not

    guilty,

    I

    would

    be entitled to the

    following

    rights. I give uptheserights by

    pleading

    guilty:

    (1)

    .

    The right to a speedy and

    public

    trial

    by

    ajuryof

    twelve people.

    (2)

    .

    The right to have an attorney represent me at

    trial

    and,i fthe CourtfoundI was unable to

    afford

    an attorney, the Court

    would,

    at

    public

    expense, appoint an attorney to represent me.

    (3).Attrial,I

    would

    be presumed innocentuntilsuch time, if ever, the State established my

    guiltbeyond a reasonable doubt.

    (4)

    . A t

    trial,

    a

    juryverdict of

    guilty would

    have to be unanimous.

    (5)

    .

    Attrial,I

    would

    have theprivilegeagainstself-incrimination,thatis, I cannot be forced

    to testify, andi fIchoose not to testify, the State may not comment on the factof myfailureto

    testify and, at my request, I

    would

    be entitled to ajuryinstruction statingthatthe jury

    could

    notinferguiltfrommyfailureto testify.

    (6).Attrial,the State

    would

    have to confront mewithwitnesses upon whose testimony it

    reliedto obtainconviction,and Iwouldhave the right to cross examine those witnesses.

    (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

    totrial,and

    will

    be treated as

    i f i

    had been tried andfound

    guilty

    by

    a

    jury.

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    E .

    The Court, in determiningwhetherthereis a factual basis for this plea of

    guilty,

    may make

    such a determination by examining the Minutes of Testimony attached to the

    Trial

    Information, by reviewing the investigative

    reports

    of law enforcement agentswhohave

    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 MotorVehicle

    WhileIntoxicated, 1

    st

    Offense. The County Attorney willrecommend a DeferredJudgment.

    I will

    followthe recommendation of the

    Substance

    Abuse Evaluation, which I

    have been

    ordered by the Court to obtain. I

    will

    be placed on probation to the Sac County Probation

    Officerfor a period of one vear from the Judgment date. Iwillpay a CivilPenalty, to the

    State

    Court Administrator, in the

    amount

    of 1,250.00 and court costs; to be paid as approved

    in

    the Sac County Probation Agreement. IfIobtain a temporary restricted license to drive, the

    Civil

    Penalty willbe reduced to 625.00. Iwillcomplete a 12-hour Prime forLifecourse or

    similar

    program

    withinthree

    (3)

    monthsof

    this

    date.

    This

    plea

    agreement

    includes

    that

    I

    will

    be responsible to pay court costs, payment of

    all

    costsand

    fees

    incurred for legalassistance,victimrestitution, correction (jail) fee for anyjail

    time andallsurchargesand mandatory punishments (see paragraph B )applicable to mycase.

    F

    I now

    state

    to the Court

    that

    I am, in

    factGUILTY

    and

    that

    no

    threats

    or

    promiseshave been

    madeto

    induce

    me to

    enter

    my

    plea

    of

    guilty.

    I

    have beeninformedthat

    the

    elements

    of the

    crime

    are:

    that

    Ioperateda

    motor

    vehicle 1)while

    under

    the influenceof analcoholic

    beverage

    or

    other

    drug or a

    combination

    of

    suchsubstances;

    or 2)

    while

    having

    an

    alcoholconcentration

    of .08 or

    more;

    or 3)whileany

    amount

    of

    acontrolledsubstance

    is

    present

    in mypersonasmeasuredin my

    blood

    or

    urine.

    I

    understand

    the

    nature

    of

    the

    chargeagainst

    me.

    This

    offense

    was

    committed

    by me in Sac

    CountyIowa

    by my

    doing

    the

    following:

    I did on

    or about

    December

    2, 2014

    unlawfully operate

    a

    motor

    vehicle while

    under

    the

    influenceof

    alcohol

    and was intoxicatedat the time whenI was driving and did

    have

    a

    blood alcoholconcentration

    of .123 BAC).

    I

    hereby

    state

    thatI submit this written plea of

    guilty

    with

    full

    knowledge and waiver

    of my

    rights

    and I do so freely and voluntarily. Nothreatshave

    beenmade

    againstme 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 datenot less than fifteen days afterthe dateof its

    acceptanceof 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

    leastfive

    days prior to sentencing. The right to

    file

    a Motionin Arrest of Judgment

    will

    be waived by having the Court impose a

    sentence

    today.

    3

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    (2). If the Court imposes a sentence today, I will never be able to challenge this plea of

    guilty,and Iwillbegivingup my right todirectlyappealmy guiltyplea.

    Iask the Court to accept this plea ofguilty. I waive the preceding rights and my right to have

    the

    Court

    address me

    personally.

    WAIVEROF M O T I O NINARRE S T OF JUD G ME NT

    Ifthe

    Court

    accepts my pleaofguilty,I

    wish

    to be sentenced now. I understand

    that:

    1. In order to contest this plea ofguilty,I must fileaM otionin Arrest of Judgment no later

    than 45 days after a plea ofguiltyand no later than 5 days prior to pronouncement of

    judgment, and

    that

    the Courtwillset a sentencing

    date

    not less than

    fifteen

    days after the

    date

    of its acceptance of thisguiltyplea unless I waive this right, and the right tofilea

    Motion

    in

    Arrest

    ofJudgmentwillbewaivedby

    having

    the Court impose a sentence now.

    2. Byhaving the Court impose my sentence now, Iwillnever be able to challenge this plea

    of

    guiltyand I

    will

    be

    giving

    up

    my

    right to

    directly

    appeal myguiltyplea.

    Ihereby request the Court sentence me now and I waive any time towhichI may be entitled

    for

    sentencing at a later

    date.

    WAIVER OF RIGHTTO B E PRESENT

    Ihave beenfullyadvised

    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 mefromsentencing.

    With

    the above in

    mind,

    and further understanding

    that

    my

    decision

    whether to be present

    ornot is myown

    decision,

    I herebyknowinglyandvoluntarily

    waive

    the right to be present at my

    sentencing.

    MickaylaMane Fischer,Defendant

    STATEOF IOWA )

    )SS

    SAC COUNTY )

    Onthis P dayof I b w M i A h 20 J f beforemethe undersigned, aNotaryPublicin

    and forsaid State, personally appeared

    fi),ckjxiyk A?/ g fjJcA /'

    to

    meknown

    to

    be

    the

    identical

    person named

    in

    and

    who

    executed the

    foregoing

    instrument, and

    acknowledged

    that

    she executed the sameof her

    voluntary

    actanddeed.

    NotaryPublicinandforthe S

    nandforthe

    Statejji_iuwa-r

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    1

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    MICKAYLA MARIE FISCHER,

    Defendant.

    OWCR01!1"

    RECORD OF PLEA OF GUILTY ANDDEFERRED JUDGMENT ORDER

    DATE: #an$a%& !, 01'

    CHARGE: O(e%atin) W*ile Int+i-ated, Fi%t Offene, a e%i+$ /ide/ean+%,in vi+lati+n +f I+a C+de 21#.

    Defendant *a filed a %itten a%%ai)n/ent and %itten )$ilt& (lea and a aive% +fDefendant3 %i)*t t+ 4e (%eent f+% enten-in). Defendant a5 t*at t*e (lea t+ t*ea4+ve -*a%)e 4e a--e(ted and t*at enten-e 4e i/(+ed ($%$ant t+ t*e (leaa%%an)e/ent a)%eed $(+n 4& t*e (a%tie it*+$t t*e f+%/alit& +f t*e %e-+%d %e6$i%ed 4&R$le .7 and .10 +f t*e I+a R$le +f C%i/inal P%+-ed$%e.

    T*e C+$%t *e%e4& inf+%/ Defendant t*at Defendant3 (lea +f )$ilt& t+ t*ea4+ve8%efe%en-ed -*a%)e i a--e(ted.

    IT IS THE ORDER OF THE COURT AS FOLLOWS:

    1. Defendant i )%anted a defe%%ed 9$d)/ent ($%$ant t+ I+a C+deSe-ti+n :01.' and :0!.2.

    . Defendant *all (a& all +f t*e f+ll+in) finan-ial +4li)ati+n;

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    2

    2. Defendant i (la-ed +n (%+4ati+n $nde% t*e f+ll+in) te%/ and-+nditi+n;

    a. Defendant i (la-ed +n (%+4ati+n t+ t*e Sa- C+$nt& P%+4ati+nOffi-e%

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    3

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    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case Title

    OWCR012714 STATE VS MICKAYLA M FISCHER

    So Ordered

    Electronically signed on 2015-01-07 09:40:29 page 4 of 4

    E-FILED 2015 JAN 07 9:40 AM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2015 JAN 09 12:14 PM SAC - CLERK OF DISTRICT COURT