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E-FILED 2014 OCT 30 11:34 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,
vs.
TA TOE , Defendant.
Case No: 02811 OWCR012687
INITIAL APPEARANCE OWI
Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSEDefendant's cash bond shall continue.
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 Misdemeanor3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail - Minimum days
2 Years Prison
And/Or a fine of not less than $1875.00 or more than $6250.00
You will lose your license for a minimum of 365 days and cannot obtain a work permit for90 days.
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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 11/24/2014 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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Sac County Sheriff
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State of Iowa Courts
Case Number Case TitleOWCR012687 STATE VS TA TOEType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-11-03 09:16:30
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DISTRICT COUKi
UlluW*
'SAC COUNTY
FILED
20IVNOV-3 m 9: 38
IN
T H E
I O W ADISTRICT
C O U R T
F O R
Sac
C O U N T Y
S T A T E O FI O W Aor
Plaintiff/Petitioner,
vs.
Defendant/Respondent.
Criminal Civil
O c^Yffoiainri
F I N A N C I A LA F F I D A V I T / A P P L I C A T I O N
F O R
A P PO I N T M E N T
O FC O U N S E L
In
supportof
my application for
appointmentofcounsel,and under penaltyof
perjury,
the undersigned
states:
y Name: T f l ^ 6 6 / BirtfaPate: f)L \ /b ~1\ ( ^ 7 5
HomePhone:
6-ff
C e l l Phone:
6-f/-75j?
E-mail:.
Street
Address:
fn g f\l Aye
Street/P.O.
Box
Pending
charges: 01 \TT
Apt City
Do youhavea
job?
N oJob
J-rYesJ
ullTime
Yes,Part
Time
List
Hours/week:
State Zip
In
Jail? Yes No
)
Who
doyou
work
for? T P R ,T K u Y * ^fg.rrSinTy? %*>_tf - '
( s ~ W ^ ^
MfeM I ^
Howmuchmoney do
you
currently make
before
taxes or deductions? per hour month year
How
much
money
haveyou
made
in
the last 12 months
from
any source,
before
taxes or deductions?
Howmanyfamilymembers are supported
by
or
Kvewithyou?
_
If
aspouseliveswith you,how muchmoney doesyourspouse make?
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.TA TOE ,
DEFENDANT.
02811 OWCR012687
ORDER RE:APPLICATION FOR APPOINTMENT
OF COUNSEL
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.
Attorney Daniel Gonnerman (515) 450-1439, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.
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State of Iowa Courts
Case Number Case TitleOWCR012687 STATE VS TA TOEType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-11-03 16:38:05
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.TA TOE,
DOB: 4-7-1973
Defendant.
CASE No. OWCR012687
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, TA TOE (Defendant) of the crime of OPERATING WHILE
INTOXICATED SECOND OFFENSE, an Aggravated Misdemeanor in violation of
Iowa Code Section 321J.2 committed as follows: On or about October 30, 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: while under the influence of
an alcoholic beverage or drugs or a combination of such substances; or while
having an alcohol concentration of .08 or more as measured in the person's
breath, blood or urine; or while any amount of a controlled substance is present
in the person as measured in the person's blood or urine. Defendant was
convicted of and / or received a deferred judgment for the crime Operating While
Intoxicated, in Marshall County, Iowa, District Court Case No. AGCR078721, on
or about November 2, 2012.
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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]
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TA TOE,
Defendant.
CASE No. OWCR012687
ATTACHMENT TO TRIAL
INFORMATION: WITNESS LIST
KRISTAN ERSKINE, Deputy, Sac County Sheriffs Office
MARSHALL COUNTY CLERK OF COURT
MICHAEL M. TATE OR JAMES A. BLESKACEK
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012687 STATE VS TA TOE
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-11-07 08:47:43 page 4 of 4
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
TA TOE ,
Defendant.
Case No: 02811 OWCR012687
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 11/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter 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
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012687 STATE VS TA TOE
So Ordered
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[ iN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
ASE NO.
WCR012687
V S . RITTEN ARRAIGNMENT
AND PLEA OF NO T GUILTY
TA TOE,
Defendant.
COMES NOW the Defe ndant in the abov e cr iminal cause and s tates und er oath:
I am re prese nted by Daniel .1. Gonnerman who se add ress is 813 S. Carrol l Street,
Slater, Iowa, 50244; whose telephone number is 515-450-1439.
" .) My current add ress is 408 N. 14 Street . Marshal ltown Iow a 50158; My current
telephone number is (641)328-1259.
3 I am 41 y
ears o ld , hav ing been born on A pr il 7 , 1973 ; I can NOT read and
unders tand the En g l ish lan g u a g e and have completed the following level of
ed ucation: O grade in
13arm a. This w r it ten ar ra ignme nt was t rans lated and
in
y
1..ah Paw.
4 I have been ad v ised by the above-named attorne y and I unde rstand that I have a
ri g
ht
to
arrai
g
nme nt in ope n cou r t . and I he reb
yvoluntar i l ywaive that right
choosing instead to sign this written arrai g nment and plea of not guilty. I
unde rstand that times for further procee dings wh ich arc compu ted from the d ate of
arraignme nt wi ll be com puted f rom the date of this wri tten arrai
g
nme nt and plea
of not gui l ty is f i led .
S. I have received a copy o f the In format ion wh ich charges m e w ith the cr imes o f
COUNT I: perating While Intoxicated, Second Offense, in violation of
Section(s) 321.1.2 of the Iowa Code (2013), a ser ious misde me anor.
I have read the Information and have Mm iliar izec i m
y
self with its contents.
6. With regard to the nam e by which I am charged in the Information:
[ X
I a The nam e sho wn on the Informat ion is m y
t rue name . 1 have bee n advised
and unde rstand that 1 am now precluded f rom object in g
to the Inform ation
upon the g round lam improper l y named.
The name shown on the IntOrmat ion is not my t rue nam e. My t rue name is
I request that an entry be
m ade h i the Minutes showin
g
m y t rue nam e. I have bee n adv ised and
unde rstand fur ther procee dings wi l l be had against me b
y
that name, the
indictment/information will be amended accordingly, and when the
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N o l a n . . P t '
indictment/information is so amended. I will be precluded from objecting
upon the g round 1 am imprope r ly named .
7 . I h av e b e e n a d v is e d a n d u n d e r sta n d th a t I m a y p le a d g uilty, not guilty
or Ibrmer
conviction or acquittal.
8 . F o r th e p u rp o s e o f th is a rr ai
g
nm ent . I have h ad suf f ic ient time to d iscuss m y case
w i th t he above -name d a t to rney
and I waive anv further time in which to enter a
plea.
9 . I plead NOT CU L T yto the char g e(s) in para g raph 5 above.
10 I have be en ad v ised and und ers tand that I have a r ight , und er ru le 2.33 of the Iowa
Rules
01
Criminal Procedure
to a trial within 90 da
y s alter the rilin g
of the
Inform at ion and :
. -
a .
dema n d a
spe ed y t r ia l pursuant to ru le 2 .33(2) (b) .
ft I waive my right to a speedy trial pursuant to rule 2.33(2)(b).
TA TO E D e
f t : 4 1 ( 1 a m
ST
A T
1 OF IOWA
SS :
STORY COUNTY
Subscr ibed
sworn to and acknowledged beibre
me LW TA 10
F. this
I
a
y of
Novem ber , 2014 .
i
-07401
UANIEL J. GONNERMAN
COMMISSION
1 1 7 2 5 8 1
M Y f O M M / _ j O N
EXPIRES
t
t
5
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.TA TOE ,
Defendant.
Case No: 02811 OWCR012687
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on November 19, 2014.The defendant WAIVES the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 01/07/2015 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 THE
DEFENDANT'S ARREST MAY ISSUE.
Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.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 for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any 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 Courts
Case Number Case TitleOWCR012687 STATE VS TA TOEType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-11-19 08:52:10
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1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
|STATE OF IOWA, |
Plaintiff, | CASE NO. OWCR012687
|vs. ||
TA TOE, |Defendant. |
|
REQUEST FOR PRODUCTION AND DISCLOSURE
COMES NOW the Defendant, TA TOE, by counsel, pursuant to Rule 2.14, Iowa Rules of
Criminal Procedure, and respectfully states the following are necessary for trial preparation and
hereby respectfully requests the State be required to produce and allow the Defendant to inspect,
copy, or photograph or, where appropriate, subject to scientific tests the following items:
1. Any written or recorded statement made by the Defendant or any prosecution witness,within the possession, custody or control of the State.
2. The substance of any oral statement by the Defendant, including any voice recordings.
3. A copy of the prior criminal record of the Defendant.
4. A copy of the certified prior driving record of the Defendant.
5. A copy of the transcript or record of testimony of the Defendant before a grand jury,whether or not the State intends to offer the same into evidence.
6. Any written or recorded statement of a co-defendant which the State intends to offer inevidence at the trial and the substance of any oral statement which the State intends tooffer in evidence at the trial made by a co-defendant, whether before or after arrest, inresponse to interrogation by any person known to the co-defendant to be a State agent.
7.
Any items seized by the State in connection with the alleged crime, and any books,papers, documents, statements, photographs, or tangible objects which are within thepossession, custody or control of the State and which are in any manner material to thepreparation of the movants defense, or are intended for the use by the State as evidenceat the trial, or were obtained from or belong to the Defendant.
8. All information, of whatever form, source or nature, which tends to exculpate theDefendant, either through an indication of innocence or through the potential
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2
impeachment of any of the States witnesses, and all information which may be or maybecome of benefit to the Defendant in preparing for or presenting the merits of thedefense of innocence at trial. This request includes all facts and information of whateversource or nature which the State, its agents, representatives, or cooperating investigatingagencies has in its possession or has access to which is or may be calculated to become of
benefit to Defendant either on the merits of the case or on the question of credibility ofwitnesses. This includes all statements or admission of whatever form by any alleged co-participants or conspirators which tend to exculpate the Defendant or which do notinculpate the Defendant.
9. Any results or reports of physical or mental examinations.
10.Any results of scientific tests or experiments made in connection with the particular case.
11.All raw data of any nature used to compile or reach the results of any physical or mentalexamination or scientific tests or experiments, made in connection with this particularcase, and any other raw data available or utilized by any agent or representative of theState.
12.Any and all police incident, investigatory, or other reports pertaining to the within chargeprepared by any law enforcement officers, their representatives or agents.
13.All officers notes used or made in connection with police incident, investigatory or otherreports prepared by any law enforcement officers, their representatives or agents.
14.Any documentation pertaining to any purported waiver by Defendant of Miranda Rights.
15.The content of any agreement between the State and any witnesses, any co-defendant or
other person, including but not limited to confidential informants, which involves a pleabargain or agreement between the State and such witness or other person, including,without limitation, an agreement by the State to dismiss, reduce, or not file any chargeagainst such witness or other person, wherein such agreement is related to the incident outof which the Defendants charge arose.
16.The names and addresses of all confidential informants used in connection with theinvestigation of the Defendant, whether or not said confidential informants actually metwith the Defendant.
17.The names and addresses of all States witnesses now known or those whom the State
may later identify.
18.Any and all search warrant documents prepared in connection with this case.
19.Any and all arrest warrant documents prepared in connection with this case.
20.The names and addresses of any co-participants, whether or not mentioned in the CountyAttorneys Information and Minutes of Testimony, known to the State, its agents or
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3
representatives, and their statements, if taken, and if no written statements were obtained,the investigating officers interview report relating to any co-participants statements andactivities.
21.
Tape recordings or transcripts of such recordings of any and all police radio transmissions
concerning the charges against the Defendant.
22.Videotape recordings of the arrest of the Defendant.
23.Videotape recordings of the processing of the Defendant at the County Jail.
24.Any and all other videotape recordings relating to the crimes charged in the TrialInformation.
25.All items of physical evidence seized by the State in connection with the alleged crime,and for each item state:
a. The time, date and exact location from which each item of physical evidence wasobtained;
b. The name and address of each person who obtained the evidence;
c. The manner of seizure of each item, whether by consent, search warrant, or otherwise.
d. All results and reports of scientific or laboratory results and experiments made inconnection with each item of physical evidence.
e. Dates and times for defense counsel to inspect and copy all items of physical
evidence.
26.If fingerprints were examined by the State, the following information should be provided:
a. The location where each latent print was found;
b. The person by whom each was obtained;
c. The date and time when each print was obtained;
d. The number of points for each latent print, if a positive comparison was made.
e. The reason why positive comparison could not be made for each latent print and astatement of whether each latent print was identifiable or not;
f. The name of all persons other than the Defendant whose known prints were comparedto latent prints in this case.
27.These requests are continuing in nature.
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4
WHEREFORE, the Defendant, TA TOE, by counsel, respectfully requests the Court enter an
order such that the State be required to produce and allow the Defendant to inspect, copy, or
photograph or, where appropriate, subject to scientific tests each of the above items. The State is
requested to file any resistance to this request in the form of written objection or contest. Until
such time as the State elects to resist all or part of this request, the Defendant does not seek
hearing on this request.
Respectfully submitted,
TA TOE, Defendant
By: /s/ Daniel J. GonnermanDANIEL J. GONNERMAN AT0002817813 S. Carroll StreetSlater, Iowa 50244Email: [email protected]: 515-450-1439ATTORNEY FOR DEFENDANT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TA TOE,
Defendant.
Case No. OWCR012687
REPORT OF PRETRIALCONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On January 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, Daniel Gonnerman. 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
Second Offense, and the State has agreed to recommend the following to the
Court: 1) that defendant pay the minimum fine; 2) that defendant serve a
minimum of seven days in jail with the remainder suspended; 3) that defendant
be placed on informal probation with the Sac County Probation Office; and 4)
that defendant be allowed to serve his jail sentence in Marshall County, in 48-
hour increments, and be allowed to participate in any authorized work-release
program.
Defendant intends to submit a written guilty plea by January 21, 2015.
Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.
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__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: [email protected]
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,vs.
TA TOE ,
Defendant.
02811 OWCR012687
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 01/21/2015 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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State of Iowa Courts
Case Number Case TitleOWCR012687 STATE VS TA TOEType: OTHER ORDER
So Ordered
Electronically signed on 2015-01-07 09:38:32
2 of 2
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
|STATE OF IOWA, |
Plaintiff, | CASE NO. OWCR012687
|vs. | APPLICATION TO FILE FEE CLAIM IN| EXCESS OF GUIDELINES FOR COURT
TATOE, | APPOINTED COUNSELDefendant. |
|
COMES NOW the undersigned attorney, pursuant to and as required by section 815.10A(3),
Iowa Code (2013), and hereby makes his Application for permission to file a fee claim in excess
of the guidelines set forth in Iowa Administrative Rules 493 Chapters 11, 12 and 13, as
authorized by Section 13B.4, Iowa Code (2013), and in support of this Application respectfullystates:
1. That a Trial Information was filed charging the Defendant with the following offense, to
which the Defendant has entered a plea of Not Guilty:
COUNT I: Operating While Intoxicated, 2nd Offense, in violation of sections
321J.2 of the Iowa Code (2013), a Serous Misdemeanor;
2.
That the Defendant has previously been found to be indigent and eligible for court appointedcounsel and the undersigned was appointed.
3. That, pursuant to section 815.10A(3)(b), Iowa Code, the undersigned has advised the
indigent person of this Applicationand the potential for reimbursement of the attorney fees
pursuant to section 815.9, Iowa Code.
4. That pursuant to section 493-12.6(1), Iowa Administrative Code, the following limit shall be
applied to this type of proceeding:
Aggravated misdemeanors $1200.00
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5. That this Applicationis made with the understanding that the ultimate determination of the
reasonableness of the fee claim remains within the discretion of the reviewing judge.
6.
That the anticipated services are necessary and reasonable in the professional judgment of the
undersigned.
7. That it is in the interest of justice and judicial economy for the Court to enter an Order
granting the request set forth herein.
WHEREFORE, the undersigned respectfully requests the Court enter an order granting
permission to file a fee claim in excess of the fee Guidelines on grounds of a previous finding
that defendant is indigent and the fact that more fees and expenses will be expended to defend
this case at the expected trial.
Respectfully submitted,
TATOE, Defendant
By: /s/ Daniel J. GonnermanDANIEL J. GONNERMAN AT00002817813 S. Carroll StreetSlater, Iowa 50244Email: [email protected]
Telephone: 515-450-1439ATTORNEY FOR DEFENDANT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
|STATE OF IOWA, |
Plaintiff, |
|vs. | CASE NO. OWCR012!"|
TATOE, | ORDER
D#f#n$ant. ||
T%# &'()t is in )#i*t 'f Att')n#+ 'nn#)-ansApplication To File Fee Claim In Excess
Of Guidelines For Court Appointed Counsel. Havin/ &a)#f(ll+ )#vi##$ t%# -#)its 'f t%#
Applicationan$ t%# )#as'ns &it#$ + &'(ns#l, t%# C'()t fin$s t%# Applications%'(l$ #
/)ant#$.
IT IS, THEREFORE,ORDERED t%at &'(ns#l f') D#f#n$ant -a+ fil# %is f## &lai- f') an
a-'(nt %i&% is in #ss 'f t%# /(i$#lin#s f') &'()t a**'int#$ &'(ns#l s#t + I'a
A$-inist)ativ# R(l#s 345 C%a*t#)s 11, 12 an$ 15. T%# (lti-at# f##s *ai$ t' &'(ns#l f')
D#f#n$ant a)# s(6#&t t' )#vi# + t%# Offi 'f t%# Stat# P(li& D#f#n$#) an$ + t%is
C'()t as -a+ # a**)'*)iat# in t%# *)#-is#s an$ as *)'vi$#$ + la.
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012687 STATE VS TA TOE
So Ordered
Electronically signed on 2015-01-15 14:52:18 page 2 of 2
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IN
T H E
IOWA DISTRICT
C O U R T
FO RSAC
C O U N T Y
S T T EOF IOWA,
Plaintiff,
vs
T A
T O E ,
D O B :
04/07/1973,
Defendant.
C O U N T
I
C O M E S NOW the Defendant in the above action and
states that
I have been 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 - 2
N D
O F F E N S E , an
AggravatedMisdemeanor, inviolationof Iowa Code Section 321J.2, and I hereby requestthat
my
plea of
guilty
to the charge be entered of record.
Insupport ofmyguilty plea, I
state
thatI
fully
understand and have been advised by my
attorney ofthe
following
rights:
That I have the right to proceed
with
a plea of not guilty and compel the
State
of
Iowa
to prove
myguilt to the unanimous satisfaction of
a
twelve-person jury in a speedy and public
trial;
That I have the right to remain silent andcouldnot be fprced-to testify or incriminatemyself in
any manner; and
that
i f
I
exercised my right to remain silent; this
could
not be used-against me
and the
Statewould
be prohibited
from
'commenting on my silence; ' -'''
That I have the right to be represented by an attorney throughout the entire
trial,
and if I am
unable toaffordan attorney, the Courtwouldappoint one torepresentme at public expense;
That I have the right to cross-examine all witnesses against me and to
present
evidence, if any,
onmy own behalf;
That I am presumed innocent
until
the
State
proves,
ifever,that
I am guilty beyond a reasonable
doubt; and
That I have the right to subpoena witnesses to
appear
and testify on my behalf.
I
have also been advisedthat the above-stated offense is an Aggravated Misdemeanor
which
carries a maximum penalty of imprisonment not to exceed two (2) years or a $6,250 fine
with
surcharges of 35% and $10.00
D A R E
thereon or both; I understand
there
is a seven (7) day
minimum
jail sentence;I further understand thatthe minimum fine is $1,875 plus surcharges of
35%
and $10.00; and that I may be required to make restitution of pecuniarydamagesto any
victimof this crime and of court-appointed attorney fee's;'..ifany, and pay the court cost's. Imay
be-required :to attend
substance abuse treatment
or ^education classes. In addition, I may .be
required to pay correctional
fees
for incarceration and enrollment
fees
for supervised probation.
1
No.
OWCR012687
0 / 1
^
GUILT Y P L E - 5 ;_ o
GGR V TED
MISDEMEANOR-
f^oc
Count I-OWI 2
nd
Offense -o
ro
s
_ 3>
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Ihave been informedthat
there
may be effects to my licenseincludingsuspension, revocations
and barments because of this plea. I have likewisebeen informedthatother sentencing options
may be available to the Court,
including
but not limited to the deferral of Judgment and
Sentence, the grant o fprobation and the suspension of sentence imposed.
I
now
state
to the Court
that
I am, in fact
G U I L T Y
and
that
no
threats
or promises have been
made to induce me toentermy plea ofguilty. I have been informedthat 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)whileany amount of a controlled substance is present
in my person as measured in mybloodor urine. AndthatI have a priorconviction ofthe
crime,Operating
While
Intoxicated. I understand the
nature
o fthe charge against me.
This
offense was committed by me in Sac County Iowa by my doing the
fo l lowing:
I did on
or about October 30, 2014unlawfully
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 .229
B A C ) :
and
1
was convicted of the crime Operating
While
Intoxicated in
Marshall
County Iowa in
Marshall
County Iowa
District
Court, case
#AGCR078721.on November2.2012.
There is a factual basis for my plea of
guilty
and
there
is no reason
why
I should not plead
guilty.
I
hereby
state
thatI submit this written plea of
guilty
with
ful l
knowledge and waiver of
my rights and I do sofreelyand
voluntarily.
Nothreatshave been made against me to obtain this
guilty
plea. No promises ofleniencyor favorable
treatment
have been made, except for any plea
agreement disclosedto the Court at the time thisG uiltyPleaisofferedfor approval in Court.
Ihave been advised ofmy rights as set forth in Count I of this plea.
The plea agreement is: The recommended sentence willbe 364 days in the Sac County
Jail. Defendant will serve the minimum seven (7) day jail sentence with the remainder
suspended, and be given credit for time previously served in the amount
o f
twenty (20) hours
and
forty-five
(45) minutes. Defendant
requests
to be allowed to serve jailsentence in the
Marshall
County Iowa Jail, in 48 hour increments and be allowed to participate in any
authorized work-release program. I
will
be placed on
informal
probation to the Sac County
Probation
Officer
for a period of one year
from
the Judgment entry
date.
I willpav a fine of
$1,875.00. plus a 35% surcharge in the amount of
$656.25.
a $10.00 D A R E surcharge, court
costs, and court appointed attorney fees: to be paid as approved in the Sac County Standard
ProbationAgreement. Iwill fo l lowand complete the recommendation ofcompletionofthe
12 hourDrinking-DriverCourse recommended in the Substance AbuseEvaluationI obtained
on
November 17, 2014. I understandthat
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 statutory period.
In admitting guilt, I understand that any plea-bargain
agreements
with the prosecutor are not
bindingon the Court.
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I have been advisedthat I have the right to have a futuredate set for pronouncing
judgment and sentence, which cannot be less than fifteen (15) days after the guilty plea is
entered, unless I consent to a shorter time. I understandthatany challenge to the
guilty
plea or
allegeddefects in the plea proceedings must be raised by aM o t io nin Arresto fJudgment
filed
no
later than forty-five(45) days after thedatemy pleas is accepted but not less than
five
(5) days
before the
date
set for pronouncing judgment, and
that
failure to raise such challenge
shall
preclude the right to
assert
them in this Court or on appeal to anotherCourt. I understandthatby
proceeding
directly to sentencing I waive any right I may have to file a Mo t io n in Arrest Of
Judgment.
This
means I will be forever precluded
from
challenging the
guilty
plea or any
defects in the plea proceedings.
Basedon theforegoing,I hereby waive al lmy
legal
and
trial
rights. I requestthatmy
guiltyplea be accepted and entered on record.
Irequest sentencing and judgment be pronounced now.
to
Defendant. Ta Toe
Dere'^^unj'Attorney,DanielJ. Gonnerman
S T A T E
OF I O W A
S A C C O U N T Y
) SS
O n
this of ^ f c ^ K v ^ * ^ , 2015, before my the undersigned, aNotaryPublicin and for
said
State, personally appeared T c ^ T J ^ ,
to me
known
to be the
identical
person named in and who executed the
foregoing
instrument, and acknowledgedthat
he executed the same o f
his
voluntary act and deed.
c in and for the State ofIowa
UANicL J GONNERMAN
COMMISSION
172581
MY COMMISSIQQEXPIQgS
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1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
TA TOE,
Defendant.
OWCR012687
RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER
CHARGE: Opeatin! W"ile Int#$i%ated, Se%#nd Offen&e, an a!!avated'i&de'ean#, in vi#lati#n #f I#(a C#de ) *21+.2
Defendant "a& filed a (itten !ilt- plea and a (aive #f Defendant& i!"t t# /epe&ent f# &enten%in!. Defendant a&& t"at t"e plea t# t"e a/#ve %"a!e /e a%%eptedand t"at &enten%e /e i'p#&ed p&ant t# t"e plea aan!e'ent a!eed p#n /- t"epatie& (it"#t t"e f#'alit- #f t"e e%#d eied /- Rle& 2.8 and 2.10 #f t"e I#(aRle& #f Ci'inal P#%ede.
T"e C#t "ee/- inf#'& Defendant t"at Defendant& plea #f !ilt- t# t"ea/#veefeen%ed %"a!e i& a%%epted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1. Defendant i& ad3di%ated !ilt- #f t"e %i'e #f Opeatin! W"ileInt#$i%ated, Se%#nd Offen&e, in vi#lati#n #f I#(a C#de ) *21+.2.
2. Defendant i& "ee/- &enten%ed a& f#ll#(&4a. Defendant &"all pa- all #f t"e f#ll#(in! finan%ial #/li!ati#n&4
51 a fine in t"e &' #f 1,87.00952 a *: &%"a!e #f 66.295* a 10.00 DARE &%"a!e p&ant t# I#(a C#de Se%ti#n
;11.295
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2
5 t"e %#t %#&t& #f t"i& a%ti#n, in%ldin! %#tapp#intedatt#ne- fee& a& %etified /- >. ?#nne'an. T"e C#tfind& t"#!" inf#'ati#n p#vided /- t"e patie&, t"eDefendant i& eana/l- a/le t# pa- t"i& e$pen&e.
Defendant &"all pa- t"e&e finan%ial #/li!ati#n& t# t"e Cle #f C#t#f t"i& %#nt- # #nline at (((.i#(a%#t&.!#v. Defendant &"all'ae pa-'ent& a%%#din! t# a plan #f pa-'ent t# /e devel#ped /-"i& p#/ati#n #ffi%e.
/. Defendant &"all &eve *6< da-& in t"e %#nt- 3ail, (it" all /t &even57 da-& #f t"e &enten%e &&pended. Defendant &"all /e !iven%edit f# ti'e pevi#&l- &eved. T"e C#nt- S"eiff &"allde&i!nate t"e app#piate %#nt- 3ail fa%ilit-. Defendant &"all%#nta%t t"e S"eiff@& Offi%e #f t"i& %#nt- (it"in &even 57 da-& #ft"e filin! #f t"i& Ode t# dete'ine t"e app#piate %#nt- 3ailfa%ilit- and 'ae t"e ne%e&&a- aan!e'ent& t# %#'plete t"en&&pended p#ti#n #f t"e 3ail &enten%e /-April 30, 2015. T"e7da- 3ail &enten%e 'a- /e &eved in a&"all C#nt- S"eiff.T"e Defendant 'a- pati%ipate in an- (# elea&e p#!a'fa%ilitated /- t"e S"eiff #f eit"e Sa% # >a&"all C#nt-. IfDefendant d#e& n#t &eve t"e 3ail &enten%e /- t"at date, in additi#nt# Defendant /ein! &/3e%t t# %#nte'pt #f %#t # p#/ati#n
ev#%ati#n p#%eedin!&, p#n (itten ee&t f#' t"e S"eiff, t"eCle #f C#t &"all i&&e a (aant f# 'itti'& #f t"en&&pended p#ti#n #f t"e &enten%e and &%" (aant &"all i&&e(it"#t ft"e %#t #de. In t"at event, Defendant& &enten%e&"all /e &eved %#ntin#&l- and n#t in
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3
Spevi nde t"e te'& and %#nditi#n& t"e P#/ati#nSpevi dee'& app#piate. In additi#n t# an- te'& t"eP#/ati#n Spevi i'p#&e&, t"e C#t &pe%ifi%all- i'p#&e& all #ft"e f#ll#(in! te'& #f p#/ati#n4
51 Defendant &"all 'ae inpen %#nta%t (it" t"e P#/ati#nSpevi (it"in &even 57 da-& #f t"e filin! #f t"i& Ode t#&i!n p f# p#/ati#n and &i!n an- p#/ati#n &pevi&i#na!ee'ent ee&ted /- t"e P#/ati#n Spevi.Telep!"e #!"$%#$ i& "!$ &'((i#ie"$9
52 Defendant &"all #/e- all la(&9
5* Defendant i& p#"i/ited f#' %#n&'in! # p#&&e&&in!al%#"#l # an- ille!al d! # an- d! f# ("i%" Defendantd#e& n#t "ave a valid pe&%ipti#n. In additi#n, Defendant i&
p#"i/ited f#' /ein! at an- l#%ati#n ("ee al%#"#l # ille!ald!& ae pe&ent, e!adle&& #f ("et"e Defendant i&a%tall- in p#&&e&&i#n #f # %#n&'in! &%" al%#"#l # ille!ald!&. T"i& p#"i/iti#n d#e& n#t p#"i/it Defendant f#'/ein! at a p/li% l#%ati#n 5e.!., e&taant ("ee al%#"#l i&&eved, l#n! a& t"e pi'a- pp#&e #f t"e e&ta/li&"'enti& n#t t"e &evin! #f al%#"#l and Defendant i& n#t %#n&'in!# in p#&&e&&i#n #f al%#"#l at t"at l#%ati#n9 and
5
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4
If Defendant i& na/le t# pa- t"e %#&t& #f appeal, Defendant 'a- appl- t# t"e C#t f#app#int'ent #f %#n&el and t"e fni&"in! #f a tan&%ipt #f t"e eviden%e a& p#vided inI#(a C#de Se%ti#n& 81
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
OWCR012687 STATE VS TA TOE
So Ordered
Electronically signed on 2015-01-20 15:18:38 page 5 of 5
E-FILED 2015 JAN 20 3:18 PM SAC - CLERK OF DISTRICT COURT