Sac City Man Pleads Guilty to Assault Causing Bodily Injury

8/13/2019 Sac City Man Pleads Guilty to Assault Causing Bodily Injury

1/47


2/47

E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT


3/47

E-FILED 2013 SEP 22 9:17 PM SAC - CLERK OF DISTRICT COURT


4/47

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA

Plaintiff

VS

BUSTER JOHN WIRTJERS

Defendant

02811 SRCR012419

ORDER

The clerk shall issue a warrant for the defendant's arrest on these charges.

1 of 2

E-FILED 2013 SEP 23 10:13 AM SAC - CLERK OF DISTRICT COURT


5/47

State of Iowa Courts

Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERS

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-09-23 10:13:05

2 of 2



6/47



7/47



8/47



9/47

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BUSTER JOHN WIRTJERS,

DOB: 02-05-1984

Defendant.

Case No. SRCR012419

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,

BUSTER JOHN WIRTJERS (defendant) of the crime of WILLFUL INJURY, a Class

D Felony in violation of Iowa Code sections 708.4 and 702.18, committed as

follows: On or around September 22, 2013, in Sac County, Iowa, defendant

assaulted Connor Hemer by first striking Connor Hemer in the head with a closed

fist, which knocked Connor Hemer to the ground, and defendant then repeatedly

slammed Connor Hemers head on concrete. The defendant did this specifically

intending to cause a serious injury to Connor Hemer. The defendants act caused a

bodily injury to Connor Hemer.

COUNT 2



BUSTER JOHN WIRTJERS (defendant) of the crime of ASSAULT CAUSING

BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections

708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac

County, Iowa, defendant did an act which was intended to cause Carl Hemer pain or

injury, the defendant had the apparent ability to do the act, and the defendants act

caused a bodily injury to Carl Hemer.


10/47

COUNT 3




BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code sections708.2(2) and 708.1, committed as follows: On or around September 22, 2013, in Sac

County, Iowa, defendant did an act which was intended to cause Brandi Wirtjers pain

or injury, the defendant had the apparent ability to do the act, and the defendants

act caused a bodily injury to Brandi Wirtjers.

COUNT 4






County, Iowa, Blake Wirtjers did an act which was intended to cause Connor Hemer

pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake

Wirtjers act caused a bodily injury to Connor Hemer. The defendant was acting in

concert with Blake Wirtjers during this assault and / or aiding and abetting Blake

Wirjers in this public offense. IOWA CODE 708.1, 708.2 (2013)

COUNT 5






County, Iowa, Blake Wirtjers did an act which was intended to cause Roxanne

Hemer pain or injury, Blake Wirtjers had the apparent ability to do the act, and Blake

Wirtjers act caused a bodily injury to Roxanne Hemer. The defendant was acting in

concert with Blake Wirtjers during the assault and / or aiding and abetting Blake

Wirjers in this public offense. IOWA CODE 708.1, 708.2 (2013)


11/47

A TRUE INFORMATION

/s/ Benjamin John Smith

Benjamin John Smith - AT0008834

Sac County Attorney

Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Facsimile: 712-662-4123

Email: [email protected]


12/47


Type: Approval of Trial Information

Case Number Case Title

SRCR012419 STATE VS BUSTER JOHN WIRTJERS

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 2013-10-04 13:27:36 page 4 of 4

E-FILED 2013 OCT 04 1:27 PM SAC - CLERK OF DISTRICT COURT


13/47


STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012419

Plaintiff,

vs.BUSTER JOHN WIRTJERS

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

MATT BIEDE, Deputy, Sac County Sheriff's Department

MARLIN, JOHNSON,Manager, Spring Lake Golf Course

MITCHELL JOHNSON,Occupation Unknown

CARL HEMER,Occupation Unknown

CONNOR HEMER, Occupation Unknown

COLTON HEMER,Occupation Unknown

ROXANNE HEMER,Occupation Unknown

JADE GODBERSEN,Occupation Unknown

JOHN FERTIG, Occupation Unknown

TRAVIS YOUNGREN,Self employed

E-FILED 2013 OCT 04 11:41 AM SAC - CLERK OF DISTRICT COURT


14/47


STATE OF IOWA,Plaintiff,

v.


Defendant.

CRIMINA NO. SRCR!"#$"%

ORDER SET ARRAI&NMENTAND BOND

T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'aveeen e-a*ined and f/nd t 0ntain )/ffi0ient eviden0e, if /ne-1lained, t 2a++ant a0nvi0tin in a t+ial 3 4/+3, t'e+ef+e, t'i) *atte+ )'all e )et f+ A++ai5n*ent.

IT IS ORDERED, t'e Defendant )'all 1e+)nall3 a11ea+ f+ A++ai5n*ent at t'e Sa0C/nt3 C/+t'/)e, Di)t+i0t C/+t+*, Sa0 Cit3, I2a n t'e 21stda3 f October 2013at9:00 a.m.

T'e Defendant i) advi)ed t'at fail/+e t a11ea+ 2ill +e)/lt in t'e i))/an0e f an a++e)t2a++ant.

IT IS FURTHER ORDERED, t'e Defendant6) nd and 0nditin) f+ +elea)e f+*0/)td3 in t'i) *atte+ )'all e7

Cle+8 f C/+t )'all i))/e an a++e)t 2a++ant.

U1n defendant6) a++e)t, nd i) )et in t'e a*/nt f 9":,!!!, 2'i0' */)t e0a)' + )e0/+ed in t'e a*/nt f t'e nd.

Ot'e+ Cnditin) f Relea)e7

Defendant )'all e3 all Fede+al, State, and 0al la2).T'e Defendant )'all e n 1+e;t+ial )/1e+vi)in t t'e Se0nd J/di0ial Di)t+i0t

De1a+t*ent f C++e0tinal Se+vi0e).

T'e Defendant )'all 'ave n;0nta0t 2it' an3 f t'e 2itne))e) li)ted in t'e2itne)) li)t atta0'ed t t'e T+ial Inf+*atin a) a )e0/+e atta0'*ent ?.

T'e Defendant )'all a)tain f+* /)in5 al0'l.



15/47


Type: ORDER FOR ARRAIGNMENT



So Ordered



16/47


STATE OF IOWA,Plaintiff,

v.


Defendant.

CRIMINA NO. SRCR!"#$"%

ORDER SET ARRAI&NMENTAND BOND

T'e TRIA INFORMATION and t'e MINUTES OF E(IDENCE in t'i) *atte+ 'aveeen e-a*ined and f/nd t 0ntain )/ffi0ient eviden0e, if /ne-1lained, t 2a++ant a0nvi0tin in a t+ial 3 4/+3, t'e+ef+e, t'i) *atte+ )'all e )et f+ A++ai5n*ent.

IT IS ORDERED, t'e Defendant )'all 1e+)nall3 a11ea+ f+ A++ai5n*ent at t'e Sa0C/nt3 C/+t'/)e, Di)t+i0t C/+t+*, Sa0 Cit3, I2a n t'e 21stda3 f October 2013at9:00 a.m.

T'e Defendant i) advi)ed t'at fail/+e t a11ea+ 2ill +e)/lt in t'e i))/an0e f an a++e)t2a++ant.

IT IS FURTHER ORDERED, t'e Defendant6) nd and 0nditin) f+ +elea)e f+*0/)td3 in t'i) *atte+ )'all e7

Cle+8 f C/+t )'all i))/e an a++e)t 2a++ant.

U1n defendant6) a++e)t, nd i) )et in t'e a*/nt f 9":,!!!, 2'i0' */)t e0a)' + )e0/+ed in t'e a*/nt f t'e nd.

Ot'e+ Cnditin) f Relea)e7

Defendant )'all e3 all Fede+al, State, and 0al la2).T'e Defendant )'all e n 1+e;t+ial )/1e+vi)in t t'e Se0nd J/di0ial Di)t+i0t

De1a+t*ent f C++e0tinal Se+vi0e).

T'e Defendant )'all 'ave n;0nta0t 2it' an3 f t'e 2itne))e) li)ted in t'e2itne)) li)t atta0'ed t t'e T+ial Inf+*atin a) a )e0/+e atta0'*ent ?.

T'e Defendant )'all a)tain f+* /)in5 al0'l.



17/47


Type: ORDER FOR ARRAIGNMENT



So Ordered



18/47

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

vs.

BUSTER JOHN WIRTJERS , Defendant.

Case No: 02811 SRCR012419

INITIAL APPEARANCE

Charges:01 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS)02 - 708.2(2) - ASSAULT CAUSING BODILY INJURY-1978 (SRMS)

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

The Court advises the Defendant as follows:

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

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

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

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

One Year County Jail

Years Prison

And/Or $not less than $315 nor greater than $1,875 x 2

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.

1 of 3



19/47

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:

Current bond shall remain in force.

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 at : AM at the .

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 DefendantDefendantSac County Sheriff

2 of 3



20/47



Type: HEARING FOR INITIAL APPEARANCE

So Ordered


3 of 3



21/47



22/47



23/47

SAC COUNTYJUDICIALM AGISTRATE COURTWARREN L .BUSH,JUDICIAL MAGISTRATE

SACCITY IOWA 50583712) 662-7791BONDAGREEM ENT

1, W I R T J E R S ,B U S T E R J O H N ( P L E A S E PRINT) ,have been chargedwiththecrime of:W A R R A N T W I L L F U L I N J U R Y A N D A S S U L T C A U S I N G B O D L 1Y I N J U R Y XS4andpromisetoappear in the SacCounty O^fo' drC ourt21 ST day of O C T 2013,A T9:00 A M( C H E C K 1 O R 2 ^

1.M yappearance bond has been set axfflJOO a n c j|agree to postal lofsuchbondor10%asallowedinorderto secure my release.

2.I have been released on my own recognizance pending myappearanceatMagistrateCourt.

Iunderstand I have the right to be represented by an attorney.I f lcannotaffordone, onewi l lbe appointed for me uponapplication.

Iunderstand there are severe penalties forfailingto honor thisment.

understand myfailureto appear at the designateddatewi l lcausersagreementtobecomenull and void and a warrant for myarrestwillbeissuedby the Judicial Magistrate.

Bond posted by: /f6 T/ls1c^ J a ^ jAddress:

ot

LOA

s> r>

o of l o e

3S>

9?Pvi3

Sf/O/Amount lY I d a Dated:Theparty who posted the bond agreesthatanyfines,surcharges, costs,restitutionand other amounts owed may bepaidtherefrom upondisposition.Thatparty further agreesthat, ifanysums remain,itmay be used for repaymento faccruedoraccruingroom and board charges during incarcerationin jail.

Receivedby:Jailer

re ofPerson PostingBond Surety)

ClerkofCourt/Designee


24/47



25/47


26/47



27/47



28/47

2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.BUSTER JOHN WIRTJERS ,

DEFENDANT.

Case No. 02811 SRCR012419

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 21, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Richard O. McConville.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on December 17, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

RICHARD OWEN MCCONVILLE

1 of 2



29/47



Type: ORDER SETTING TRIAL

So Ordered


2 of 2



30/47

2RCR02


STATE OF IOWA,

PLAINTIFF,


DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 21, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Richard O. McConville.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on December 17, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 11/18/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY


1 of 2



31/47



Type: ORDER SETTING TRIAL

So Ordered


2 of 2



32/47



33/47



34/47



35/47

2RCR09


STATE OF IOWA,

Plaintiff,


Defendant.


O R D E R

The Defendant has filed a motion to extend time for the filing of pretrial motions

and discovery. The Defendant has waived the right to speedy trial, and the State

reportedly has no objection to this motion.

The Defendant has waived his right to speedy trial.

IT IS, THEREFORE, THE ORDER OF THE COURT that the Defendant shall

have up to and including January 15, 2014, to complete discovery and file pretrial

motions.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY


1 of 2

E-FILED 2013 NOV 01 11:12 AM SAC - CLERK OF DISTRICT COURT


36/47


Case Number Case TitleSRCR012419 STATE VS BUSTER JOHN WIRTJERSType: OTHER ORDER

So Ordered


2 of 2



37/47


STATE OF IOWA,

Plaintiff,

No: SRCR012419

ORDER RESET TRIAL DATE


Defendant.

TE CO!RT FINDS t"at t"e a#o$e entitled %atte& i' 'et fo& T&ial on De(e%#e&

1), 201*. T"e Co+&t f+&t"e& find' t"at Defendant "a' ai$ed '-eed t&ial and t"at

/an+a& 1, 2014 i' t"e etended date fo& (o%-letion of di'(o$e& and t"e final date to

file -&et&ial %otion' t"e&efo&e, t"e T&ial date in t"e a#o$e %atte& need' &e'et to

(o&&e'-ond it" t"e etended ti%e f&a%e o&de&ed fo& di'(o$e& and -&et&ial %otion'.

IT IS THEREFORE ORDEREDt"at t"e T&ial date #e &e'et to t"e 28th

da of

January 201at !"00 a#$., in t"e Di't&i(t Co+&t&oo% of t"e Sa( Co+nt Co+&t"o+'e, Sa(

Cit, Ioa.

IT IS FURTHER ORDERED t"at P&e T&ial Confe&en(e '"all #e "eld on

January 1%, 201at

!"00 a#$. at t"e Sa( Co+nt Co+&t"o+'e, Sa( Cit Ioa.

O&i3inal filed,

Cle& to P&o$ide Co-ie' to:

Co+nt Atto&ne

Defendant5' Atto&ne, Ri("a&d O. 6(Con$ille

Co+&t Ad%ini't&ation



38/47


Type: OTHER ORDER



So Ordered




39/47


40/47

E-FILED 2013 DEC 12 2:21 PM SAC - CLERK OF DISTRICT COURT


41/47



42/47

1

STATE OF IOWA,Plaintiff

Vs,

BUSTER JOHN WIRTJERS,DOB: 02/05/1984

Defendant.

No. SRCR012419

JUDGMENT ENTR

Co!"# III

IN THE IOW$ DISTRICT COURT IN $ND %OR S$C COUNT

COUNT III

BE IT REMEMBERED that this matter came on for sentencing. The State isrepresented by Sac o!nty Attorney "en#amin $ohn Smith, and Defendant is represented by andappears by Attorney at %a& 'ichard (. )con*ille. +a*ing filed a &ritten plea of g!iltyherein, &hich has been re*ie&ed by this o!rt and is incorporated herein by this reference,no&s of no legal ca!se &hy #!dgment sho!ld not no& be entered, and none appears !pon the

record. The o!rt, therefore, accepts the Defendant-s plea of !ilty and finds that theDefendant is g!ilty of $SS$U&T C$USING BODI& INJUR, a Serio!s )isdemeanor, in*iolation of Io&a ode Sections /(0.1 and /(0.2324.

IT IS THERE%ORE THE JUDGMENT $ND SENTENCE O% THE COURT,

p!rs!ant to Sections /(0.1, /(0.2324, and 5(6.1, ode of Io&a, that the Defendant besentenced to7

1. onfinement in the Sac o!nty $ail for a period of 10( days, all #ail time shall bes!spended after Defendant ser*es fifteen (15) daysin the Sac o!nty $ail.

a. Defendant shall recei*e credit for time already ser*ed.b. Defendant is eligible for the Sac o!nty $ail Wor 'elease Program.c. Defendant shall also be assessed the correctional fee charged by the Sac o!nty

Sheriff-s Office of 899.(( per day prior to the #ail time being ser*ed.

d. Defendant shall ser*e said sentence &ithin si: 3;4 months of the date of thisorder. If the Defendant has not ser*ed the #ail time at the end of si: 3;4 months,the Sac o!nty Sheriff is ordered at his con*enience, to pic !p Defendant toser*e said #ail time.

2. Defendant is thereafter placed on probation to the Sac o!nty Probation Officer for aperiod of one 314 year, and d!ring s!ch probation period Defendant shall abide byall the terms and conditions of the probation as set forth on the Probation Agreement.

a. Defendant, &ithin /2 ho!rs of this $!dgment, shall sign a Probation Agreement&ith the Sac o!nty Probation Officer at the Sac o!nty o!rtho!se, 1((


43/47

2

b. Defendant shall abstain from the !se of illicit dr!gs and alcohol d!ringhis probationary period.

c. Defendant shall obey all Federal, State, and local la&s and ordinances.d. Defendant shall timely pay all amo!nts ordered by this $!dgment.

6. Defendant is Ordered to pay a fine of '(15.00 and the s!rcharge of 69= in the amo!ntof '110.25) to be paid as ordered by the o!rt.

>. Defendant shall pay the follo&ing co!rt costs of '1(5.00.9. Defendant shall eep the ler of o!rt and the Sac o!nty Probation Officer

notified as to any change in address !ntil all obligations of this case ha*e beencompleted.

*. IT IS %URTHER ORDERED that Defendant shall pay all amo!nts Ordered by this$!dgment, by paying '120.00 per month to the Sac County Clerk of Court&ith

payment to begin on 15th

+- of the month following this orderand shall contin!e onthe 15th +- of each month !ntil paid in f!ll. HOWEVER, I% THE $BOVE$MENT &$N DOES NOT RESU&T IN THE TOT$& OB&IG$TION

BEING $ID WITHIN 24 MONTHS O% THE D$TE O% THIS JUDGMENT,

THE B$&$NCE IS DUE $T TH$T TIME. D"+"# s +s+ #3# o"

-"# s ss+, #3 "#6 o7#o" 7os +#- +!.

IT IS %URTHER ORDERED that o!nts I, II, I?, and ? of the Trial Informationshall be dismissed after the appeal period has r!n in o!nt III, &itho!t f!rther order of theco!rt.

IT IS %URTHER ORDERED that the th

day ofOctober 2(16, as a condition of Defendant-s contin!ed release from c!stody, is herebycanceled.

Defendant ha*ing appeared and sentence being prono!nced, IT IS %URTHERORDERED that any balance of appearance bond is e:onerated and shall be released to theposting party, "lae Allen Wirt#ers.

Defendant is ad*ised of the right to appeal this #!dgment and sentence and of the right toapply for appointment of appellate co!nsel and the f!rnishing of a transcript if !nable to pay theappeal costs. Defendant is also ad*ised of the necessity to comply &ith the stat!toryre!irements in filing a notice of appeal.


44/47


Type: ORDER TO ACCEPT PLEA



So Ordered




45/47

E-FILED2013 DEC16 2:29 PMSAC CLERK OFDISTRICTCOURT

INTHEIOWA DISTRICTCOURTINANDFORSACCOUNTYS T A T E OF IOWA PlaintiffVs,BUSTERJOHNWIRTJERS,DOB:02/05/1984

Defendant.

No.SRCRO12419JUDGMENT ENTRYCountIII

COUNTIIIB E IT R E M E M B E R E D thatthis mattercame on for sentencing. The Stateisrepresentedby Sac County AttorneyBenjaminJohnSmith,and Defendant isrepresentedby andappearsby Attorney at Law Richard 0. McConvil le .Havingfileda written plea of guiltyherein, which hasbeenreviewed by this Court and is incorporated herein by this reference,knows ofnolegalcausewhy judgment should not now beentered,andnoneappearsupon therecord. The Court,therefore,acceptsthe Defendant's plea of Guilty and findsthat theDefendant is guilty ofA S S A U L T CA U SING BODDLY I N J U R Y a Serious Misdemeanor, in

violationof Iowa Code Sections 708.1 and 708.2(2).IT IS THEREFORE THE JUDGMENTANDSENTENCE OFTHE COURTpursuant to Sections 708.1, 708.2(2), and 903.1, Code of Iowa, that the Defendant besentencedto:1. Confinementinthe Sac CountyJailfora period of180days,alljailtime shall besuspendedafterDefendantservesfifteen (15) days inthe Sac CountyJail.

a. Defendant shall receive credit for time already served.b. Defendant is eligible for the Sac CountyJailWork Release Program.

yc. Defendantshallalso beassessedthe correctional fee charged by the Sac CountySheriffsOfficeof 55.00 per day prior to thejailtime being served.d. Defendant shallservesaidsentencewithin six (6)monthsof thedateof thisorder. If the Defendant has not served thejailtime at the end ofsix(6) months,the Sac CountySheriffis ordered at his convenience, to pick up Defendant toservesaidjailtime.

2.Defendant isthereafterplaced on probation to the Sac County ProbationOfficerfor aperiod of one (1) year, and during such probation period Defendant shall abide byallthetermsand conditionso fthe probation as set forth on the Probation Agreement.

a. Defendant, within 72hoursofthis Judgment,shall sign a Probation Agreementwiththe Sac County ProbationOfficerat the Sac County Courthouse, 100N WState Street,Suite 9,2nd Floor,SacCity Iowa.


46/47


47/47

E FILED 2013 DEC 16 2:29 PM SAC C L E R K OF DISTRICT C O U R T

Type: ORDER TOACCEPT PLEACase Number CaseTitleSRCRO12419 STATE V S BUSTER JOHN W IRTJERS

SoOrdered

Second JudicialDistrict of lowaElectronically signed on 2013 12 16 14:29:29 page3 of 3

Sac City Man Pleads Guilty to Assault Causing Bodily Injury

Documents

Transcript of Sac City Man Pleads Guilty to Assault Causing Bodily Injury