Storm Lake Man Pleads Guilty to OWI 1st Offense

E-FILED 2013 DEC 24 1:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR Sac

DISTRICT COURT OF I8WA SAC COUNTY

FH.E0

2013 DEC 26 AM 7:58 COUNTY

STATE OF IOWA or

vs.

Plaintiff/Petitioner,

Defendant/Respondent.

^ Criminal Civil

NO. ovAXR̂ mnq FINANCIAL AFFIDAVIT/APPLICATION

FOR APPOINTMENT OF COUNSEL

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

Name: ^ f t / A > T \ Q t , »,. \ Ve>P> Birth Date: _ C N ^ " ' I 2 . - 9 6

Home Phone: Cell Phone: j ' T O V L V > " M E-mail: y // %

Street Address: [OjLt \f&&fa>\ Street/P.O. Box Apt # City

Pending charges: D\A> 1 i ~Z>D<.(*d

<J

State Zip

In Jail? • Yes • No

) Do you have a job? • No Job J£l;Yes, Full Time • Yes, Part Time (List Hours/week:

Who do you work for? flftftfe/flt VT rH fe? ^ P f ' ^ ^ S .

How much money do you currently make before taxes or deductions? ^2, > 6 per^)£Oiour • month • year

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

How many family members are supported by or live with you? "—^

If a spouse lives with you, how much money does your spouse make?

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

per • hour • month • year

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: ftjPVUi Ogl'-V**"' t ^Jj) 1^ <*Q >. gL-'g-A^f g=V\ f t . ft C\

' ' ~ i/ • '

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child, support, or any other, debts:

'<LOCS , & 6 C (A ," \/d / '3/S . Ot It

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

Date 0 2 A $ / s 3 Signature " 7 ^ ^ > g ^ ^ ^ X ^

Rev. 1/6/12


IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MAGISTRATE DIVISION

DISTRICT coun r OF ISWA SAC COUNTY

FILED

STATE OE IOWA,

Plaintiff

2013 DEC 26 AM 7:58

MAGISTRATE NO.

INTTIAL APPEARANCE

Defendant

On this Q ! ^ ^ day of O j ? y C & l ^ h f - > , 20]^ the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of ffijj£~lrV f) f j f c M ^

. . being a violation of Section ^;>^-T\ of the Code of. Iowa.

The Conrt 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 attorney present at all stages of the 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 Felony - Class

_ Aggravated Misdemeanor Serious Misdemeanor

? J • ^~, which is classified as:

5^ That the maximum punishment for a plea of guilty or conviction of the above charge is:

N One Year County Jafl - ^ &-*~k (W \ f\ V t\KJ~-

4. 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 Tyith this Court

(a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If yon willfully fail to appear before any court as required, yon shall be guilty of a Class D felony/serious misdemeanor; or (b) N« (If appropriate)̂ Upan^pnsider,att reasonably assured that Court imposes the following conditions on your release:. . . . „ „

ection 811.2, the Court is not in theJfatnre and therefore the

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:

Irv" Set for the _ day of Magistrate Courtroom, Courthouse, Sac City, Sac County, lowai.

••••• If a preriminary hearing date has been set, yon should contact the cfetmty attorney at (712) 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 THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM TEDS 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 EOS 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/Joseph J. Heidenreich, Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff



STATE OF IOWA, PLAINTIFF, VS. MARTIN GUILLEN , DEFENDANT.

02811 OWCR012479

ORDER RE:

APPLICATION FOR APPOINTMENTOF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship. Attorney Peter Goldsmith, 500 2nd St., Ida Grove, IA 51445 (712) 364-2421, a contract attorney, isappointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleOWCR012479 STATE VS MARTIN GUILLENType: ORDER APPOINTING

So Ordered

Electronically signed on 2013-12-26 09:40:10

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MARTIN GUILLEN,

Defendant.

CASE NO. OWCR012479

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, MARTIN GUILLEN (“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 23, 2013, 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 amount of a controlled substance is present in the person as measured in the person's blood or urine.

A TRUE INFORMATION

Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]

E-FILED 2013 DEC 30 12:57 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

JOHN HATTERMAN, Deputy, Sac County Sheriff’s Office MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, Iowa Department of Public Safety


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012479 STATE VS MARTIN GUILLEN

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 2013-12-30 12:57:32 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs MARTIN GUILLEN , Defendant.

Case No: 02811 OWCR012479 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 Hearing isscheduled on 01/15/2014 at 11:00 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



Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleOWCR012479 STATE VS MARTIN GUILLEN

So Ordered


IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MARTIN GUILLEN , Defendant.

02811 OWCR012479

ORDER

The Defendant has been held in custody since his arrest. The State does not resist the Defendant'srelease.

IT IS THEREFORE ORDERED, the Defendant shall be released from the SAC County jail upon hispersonal recognizance.

Clerk to provide copies to:County AttorneyDefendantSac County Sheriff

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State of Iowa CourtsCase Number Case TitleOWCR012479 STATE VS MARTIN GUILLENType: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MARTIN GUILLEN , Defendant.

02811 OWCR012479 ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled. Defendant requests a continuance of the arraignment. The request is granted. IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on02/05/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unlessa written arraignment and plea of not guilty document in a form substantially similar tothat set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file withthe Clerk 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 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012479 STATE VS MARTIN GUILLENType: ORDER FOR CONTINUANCE

So Ordered


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E-FILED 2014 JAN 15 11:22 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 4:29 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. MARTIN GUILLEN , Defendant.

Case No: 02811 OWCR012479 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on January 23, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 03/19/2014 at 11:30 AM at the SacCo. 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 04/08/2014 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.

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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleOWCR012479 STATE VS MARTIN GUILLENType: ORDER SETTING TRIAL

So Ordered


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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. MARTIN GUILLEN, Defendant.

Criminal No. OWCR012479 REPORT OF PRETRIAL CONFERENCE

THE PARTIES, THROUGH THE UNDERSIGNED, MAKE THE FOLLOWING REPRESENTATIONS TO THE COURT: On March 19, 2014, the parties conducted a

Pretrial Conference, as ordered. The parties represent the following to the Court:

Defendant, through his attorney, Peter Goldsmith, requested that the Pretrial

Conference be rescheduled. The State does not resist defendant’s request. The highly

extenuating circumstances that warrant rescheduling the Pretrial Conference are as

follows: The defendant is waiting on the Iowa Department of Transportation to provide

him discovery / documentation concerning the accuracy and functionality of the

DataMaster.

__________________________ 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 MAR 21 4:32 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MARTIN GUILLEN , Defendant.

Case No: 02811 OWCR012479 Pretrial Order

The State, Defense Counsel, and the Defendant have met pursuant to the Court's Orderrequiring parties to conduct a pretrial conference. The following order is entered:

ORDER Pretrial conference is continued, this matter is rescheduled, Pretrial Conference is scheduled on04/02/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Clerk to provide notice to counsel of record.

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So Ordered


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STATE OF IOWA, Plaintiff, vs. MARTIN GUILLEN , Defendant.

02811 OWCR012479

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 either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 04/16/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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 2014 APR 01 11:38 AM SAC - CLERK OF DISTRICT COURT


So Ordered


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

) CRIM. NO. OWCR012479 Plaintiff, )

) ORDER ACCEPTING PLEA vs. ) AND JUDGMENT ENTRY

) MARTIN GUILLEN, ) Charge - OWI, First Offense

) Section - 321J.2, Iowa Code Defendant. )

NOW on the 16th day of April, 2014, the defendant submits his verified written Plea of Guilty.

The defendant is charged with Operating While Intoxicated, in violation of Section 321J.2 of the Iowa

Code. The State appears by Sac County Attorney, Ben Smith. The Defendant waives his personal

appearance and appears by counsel, Peter Goldsmith.

The written plea of guilty shows that the defendant's plea is voluntary, being freely and

intelligently made, with an understanding of the charge, with knowledge of the penal consequences of

the plea, with full knowledge of his constitutional rights, and that said rights are waived by a plea of

guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual

basis for the defendant's plea of guilty.

The written plea indicates the defendant's informed understanding of his rights contemplated

in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and State v.

Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea is made a

part hereof by this reference.

The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record.

The defendant indicates his understanding of his right to additional time and the right to file a

Motion in Arrest of Judgment and the necessity of doing so at least five days prior to the date set for

sentencing and indicates his voluntary waiver of those rights and his desire to proceed immediately to

sentencing. The Court, finding the defendant's waivers are voluntary and made with an understanding

of his rights, accepts the waivers and proceeds to entry of judgment. The defendant's counsel

indicates he knows of no legal cause why judgment and sentence should not be pronounced.

The Defendant is adjudged guilty of the offense of Operating While Intoxicated, First Offense,

in violation of Iowa Code Section 321J.2.

The Defendant is sentenced to be incarcerated in the Sac County Jail for a period of 30 days.

All but the first 48 hours of this sentence is suspended. Defendant is given credit for time served, if

any, as certified by the Sheriff. The Defendant shall have this sentence served in full by June 16,

2014. Defendant may serve this sentence via the OWI Weekend Offender Program or the Sac County


Work Release Program.

The Defendant is further sentenced to pay a fine in the sum of $1,250.00, plus a 35% surcharge, a

$10.00 D.A.R.E. surcharge, and the court costs of this action, including correctional fees as certified by the

Sheriff. Defendant shall pay court-appointed attorney fees in an amount to be certified by Mr. Goldsmith.

Half of the fine and corresponding surcharge will be waived in the event Defendant provides proof to the

Clerk of Court that he has received a temporary restricted license.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at

www.iowacourts.gov. Defendant shall make payments according to a plan of payment to be developed by

his probation officer.

On the suspended portion of the sentence, Defendant is placed on probation to the Sac County

Probation Office for a term of one year. Terms of probation are as follows:

1. Defendant shall report to the Sac County Probation Office within 7 days of today’s

date to sign up for probation supervision.

2. The Defendant shall obey all laws.

3. The Defendant shall enroll in and successfully complete the Drinking Driver’s Course

sponsored by an area community college or substance abuse treatment facility. The Defendant shall

complete this course and have proof of completion filed with the Sac County Clerk of Court by June 14,

2014.

4. The Defendant shall abstain from the use of alcoholic beverages.

5. The Defendant is not allowed on the premises of any bar, tavern, liquor store, or any other

business establishment in which 50% or more of that business’s revenue comes from the sale of

alcoholic beverages.

6. The Defendant shall not drive a motor vehicle unless he is properly licensed and insured.

Any bond money previously posted is released and exonerated.

Appeal bond is set in the sum of $1,000.00.

IT IS FURTHER ORDERED that Case Nos. STA0019450, STA0019451, and STA0019452 are

dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to

Defendant.

COPIES TO: County Attorney Defense Counsel Sac County Sheriff Iowa D.O.T.



Type: OTHER ORDER

Case Number Case TitleSTA0019451 STATE vs. GUILLEN, MARTINSTA0019450 STATE vs. GUILLEN, MARTINOWCR012479 STATE VS MARTIN GUILLENSTA0019452 STATE vs. GUILLEN, MARTIN

So Ordered



E-FILED 2014 APR 16 2:11 PM SAC - CLERK OF DISTRICT COURT

Storm Lake Man Pleads Guilty to OWI 1st Offense

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