Auburn Man Convicted of OWI 1st Offense

7/27/2019 Auburn Man Convicted of OWI 1st Offense

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DISTRICT COUNT OF IOWASAC COUHTYI N T H E I O W A D I S T R I C T C O U R T F O R S A C C O U N T Y F IL E D

M A G I S T R A T E DI V I S I ON 2013 JUL 22 AH 9:30S T A T E OF I O W A ,

Plaintiffvs.

M A G I S T R A T E

I N I T I A L A P P E A R A N C EO W IDefendant

O n this Q\ I day of^rl*-Jl>-f ^ ) 20 U ? , the Defendant herein appears before theundersigned Magistrate in and for Sac County^ having been charged with the crime of Operating WhileIntoxicated - | \ V offense, being aviolation ofSection | IT . ^ of the Code of Iowa.

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 ofthe 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 ofSection , which is classified as:

Felony - ClassAggravated MisdemeanorSerious Misdemeanor3. That the maximum punishment for a plea ofguilty or conviction of the above charge is:a) One Year County Jai l - Mi n i m u m 3t days

b) _ Years Prison i


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6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to apreliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Tria l Informationmay 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:

>C Set for the


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E-FILED 2013 JUL 22 10:29 AM SAC - CLERK OF DISTRICT COURT


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D E - a E J L E D 2 0 1 3 J U L 2 2 4 :1 3 P M S A C - C L E R K O F D I S T R I C T C O U R T _COMPLAINT c t , cia,0n#: p04 1LE F 130720 193024 7Form 42000IE 1/07PLAINTIFF Reference #:L J C o u n t y o f : S A C - 8 1VjState of lowa

In the Court a t S A C C O U N T Y C O U R T H O U S E 100 N W S T A T E S T R E E T S U I T E 12vs .Name J O H N S O N B A R R Y R A Y M O N D

I O W A U N I F O R M C I T A T IO N A N D C O M P L A I N TLa w Enforcement Agency - IOWA STATE PATROL - DIST 04

L j i t y of: _

DL# 015AA2008 DL/State IDViewed? N O DO B 08/23/1959Defendant, LastAddress 2 08 A S H S TDL State IA

Middle SuffixCity A U B U R N State |A

DL Class C DL E nd . N ON E DL Rest. N O N EZip Code 51433

HeightRace w

WeightThe undersigned stales that on or about 07/20/2013 at 7:30 P MUS DOTH ICC# Lie. Plate #/REG 277 ZA D

defendant did unlawfully O perate Motor Vehicle/Boat 2002 S ILState IA Year 2014

C H R Y S L E C N C

Ethnicity \Se x M A L E

4D- R e q ? Pass En dReq? HazMat En d Req?Upon a public highway at H W Y 71 A N D 175 A U B U R N

Scheduled Violation/FineCriminal SurchargeCo . Enf. Surcharge

Court CostsTotal Fine/Costs

N / A

Located in the county and state aforesaid and did then a nd there commit the following offense:j pourt Appearance Required (805.10) Q Road Work Zone j ^ j Non-scheduled Violation Spee d

Reason: j jSenous P.I. j j Fatal Accident j j Civil Damage Assessment j j OtherViolation 0 P E R V E H W H I N T < 0 W I ) 1 1 S T O F F

Fed/Adm Code:lA C o de : 20 13

Sec#: 321J.2 ICIS Sec #: 32 IJ.2(2)(A )

OfficersSignatureI.D. No . 141Dated 07/20/2013

NOTICE: Providing false identification information is a violation of S ection 719.1A ofthe Code of lowa and is punishable as a simple misdemeanor.

Court D ate: If you must appear in court or if you choose to appear to answer to a charge which does notrequire an appearance, report to the above nam ed court on: 07/23/2013 at 9:30 A MYou hereby are given notice that within a reasonable time but no later than the date scheduled for yourinitial appearance a citation/complaint sworn under oath will be filed with the district court clerk of thecounty in which this citation wa s issue d.

My signature below is not a plea of guitty. but ecknowledges all ot the following'1.1 hereby swear and atTirm that the information provided by me on this citabon is true under penalty of providing false information.2. I promise to appear in said court at said time and place. I undeistand that a peison who willfully tails to appear in court es specified by this citation may be subject to arrest and/or loss of driving privileges.3. It a court appeara nce is not required I may enter a plea ot guilty prior to the designated appearance date by delivery in peison, or by agent, or by mail to the court specified by this citation.The following applies lo simple misdemeanois only4. I hereby gwe my unsecured appearance bond in the amount of S1 00 0.00 dollars and enter my written appearance.Iagree that ifIfail to appear in person or by c ounsel to defend against the offensecharged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount ot my appearance bond in satisfaction ot the penalty and surcharge plus court cost.

IlllllllllllllllllllllSignature olDefendant X

I swear that the foregoing complaint is true and correct.

OfficersSignature

Subscribed and sworn to me by L E F F L E R , Kthis 20 day of J U L Y , 2 0 1 3

S A C C I T Y - 6 7 1 7

AgencyI O W A S T A T E P A T R O L - D I S T 0 4

Notary/otherSignature Notary/otherO T H E RA B S T R A C T O F C O U R T R E C O R D Cita t ion #:

C O U R T N O .D O C K E T N O .L I C E N S E N O .

C A S E N OC A S E N O .S T A T E :

P04 1LEF 130720 193024 7F O R F E I T B O N D

J U R Y T R I A L

f~]lowa[~|Other

N O J U R Y T R I A L o rP R O C E E D I N G r

O T H E R D I S P O S I T I O N

B A I L C A S H D E P O S I TP L E A V E R D I C T

| | G U I L T YQ G U I L T Yf ~ ] N O T G U I L T Y Q N O T G U I L T YQ ] D I S M I S S E D

T E S T I M O N Y - J U D G E ' S N O T E S : (Other Orders)

Signature, person giving bail Signature, person taking bailD r i ve r 's L icens eR e c o m m e n d a t i o n

The cour t Therefore Enters in Fol lowing Order This DateN o n e

S c h o o l

S u s p . R e v o

D a y s

F I N E D $ S U R C H A R G E $Incarceration in

Mo. Day Yr.C O S T $D a y s :

DA T E : Continued to: R EA S O NDATE: Continued to: R EA S O ND A T E : W A R R A N T IS S U E D

T O T H E C O U R T : The fo l lowing are witnesses who can g ive test imony re la t ing to the facts of th is a l leged v io la t ion. P leas e subpoena p r osecu ting w i tness :N a m e A d d r e s s P h o n e


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BARRY RAYMOND JOHNSON,

DOB: 08-23-1959

Defendant.

Case No. OWCR012374

TRIAL INFORMATION

COUNT I

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,Barry Raymond Johnson (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 July 20, 2013, in Sac County,

Iowa, defendant did unlawfully and willfully operate a motor vehicle by one ormore

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

/s/ Benjamin John Smith

Benjamin John Smith - AT0008834Sac 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]
mailto:[email protected]:[email protected]


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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

OWCR012374 STATE OF IOWA VS. BARRY RAYMOND JOHNSON

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 2013-08-09 08:58:29 page 2 of 2

E-FILED 2013 AUG 09 8:58 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

BARRY RAYMOND JOHNSON,Defendant.

CRIMINAL NO. OWCR012374

ORDER SETTING ARRAIGNMENTAND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter havebeen examined and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury, therefore, this matter shall be set for Arraignment.

IT IS ORDERED, the Defendant shall personally appear for Arraignment at the SacCounty Courthouse, District Courtroom, Sac City, Iowa on the 27th day ofAugust 2013 at9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of an arrestwarrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for release fromcustody in this matter shall be:

Defendant is released on personal recognizance.

Bond is set in the amount of $________________.Bond may be unsecured.Bond must be cash or secured in the amount of the Bond.10% cash may be posted.

Bond previously set shall continue.Clerk of Court shall issue a summons for Defendant to Appear.Clerk of Court shall issue an arrest warrant.Other Conditions of Release:

Defendant shall obey all Federal, State, and Local laws.

The Defendant shall be on pre-trial supervision to the Second Judicial DistrictDepartment of Correctional Services.

Other:

[X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluationand provide it to the Court. Failure to do so may result in the revocation ofDefendants Pre Trial Release.

E-FILED 2013 AUG 09 8:58 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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DISTRICT CGUKl uF lU'WAIOWA DISTRICT C O U R T FOR SAC C O U N T Y SAC COUNTYFILEDSTATE OF IOWA, ) ^ ,3 m 2 7 f tH 9= 55PLAINTIFF ) NO. C M l ^ f e ^ M

VS. ) APPLICATION TO WAIVEfejuYfl/^ , NfeKf iSDO ) ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my appl icat ion to waive at torney I s tate:1. I kno w I have a right to be represented by an at torney in th is case

and that i f I cann ot af ford to h i re an at torn ey , the C ourt wo uld app ointco u n se l fo r me, without any ini t ia l costs on my part. I further rea l izethat I wo u ld u l t imate ly have to re im burse the S ta te fo r those expe nses .

2. I know that an at torne y w ou ld rep rese nt my interest in a l l courtproceed ings and wo u ld be ava i lab le to an swe r ques t ions fo r m e. I amaware that there may be de fense s to the charges against me that I as anon- law yer may not be aware o f . I know a lawye r wo u ld g ive me theoppor tun i ty to ob ta in an independent op in ion on how to proceed anddefend the case aga ins t me.

3. I kno w the C oun ty A t torn ey and h is s taf f do not repre sen t me butrather are respo nsib le for prose cut ing me . I know that I canno t re lyupon the Cou nty A t to rney fo r l ega l adv ice .

4 . Hav ing cons ide red my right to c o u n s e l , t o g e t h e r with the r isk andd isadvantages o f p rocee d ing without an a t to rney , I wan t to represe ntmyse l f and I wa nt to w aive my right to an a t to rney .

Dated this

Defendant


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IN T H E I O W A DISTRICT C O U R T IN A N D FO R SA C C O U N T YS T A T E OF I O W A ,

Plaintiff,vs.BARRY RAYMOND JOHNSON,

Defendant.

C O M E S N O W the Defendant in the above-captioned criminal case and under oath states:1. I have been informed of my right to be represented by an Attorney, and decline to berepresented by an attorney and I wish to proceed ProSe.2. My current mailing and residence addresses and telephone number are:

Address: ^0? ft $1. Po 6o^5fi

Telephone: 7 / ^ ' 3 3 $ 7

My date of birth is (1 f~J-3- $.93.1 can read and understand English language and have completed the following level ofeducation: .4. I have been advised by the Sac County Attorney and understand that I have a right toarraignment in open Court, and I voluntarily waive the right, choosing instead to sign thisWritten Arraignment and Plea of Not Guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filingthis Written Arraignment and Plea of Not Guilty.5. I have received a copy of the Trial Information which charges me with the crime ofO P E R A T I N G W H I L E I N T O X I C A T E D - 1 S T O F F E N S E , a S E R I O U SM I S D E M E A N O R in violation of Iowa Code Section 321J.2. I have read it and I havefamiliarized myself with it contents.6. With regard to the name by which I am charged in the Trial Information (either check "a"or check and complete "b"):

) a. The name on the Trial Information is my true name. I have been advised andunderstand that I am now precluded from objecting to the Trial Information upon thegrounds that I am improperly named.

( ) b. The name shown on the Trial Information is not my true name. M y true name

* W R I T T E N A R R A I G N M E N T* P L E A O F N O T G U I L T Y* ProSe

cn

c o ;* No. OWCR012374 35


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is . I request that an entry be made in theminutes showing my true name. I have been advised and understand furtherproceedings will be had against me by that true name, the Trial Information will beamended accordingly, and when the Trial Information is so amended, I will beprecluded from objecting upon the grounds I am improperlynamed.

7. I have advised and understand that I may plead guilty, not guilty or former conviction oracquittal.8. For the purpose of this arraignment, I have had sufficient time to contemplate my case,and I waive any further time in which to enter a 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 understand that I have a right under Rule 27(2)(b) of the IowaRules of Criminal Procedure to a trial within ninety days/one year after the filing of theTrial Information and (check either "a" or "b"):

(X ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules of CriminalProcedure. I will be available for trial on the following days: .

efenaant, Barry Raymond Johnson

S T A T E OF I O W AS A C C O U N T Y

)) SS)

On this day ofc j n and for said State 2013, before my the undersigned, a Notary, to me knownPublican and for said State, personally appeared

to be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the same of hisrvoluntary act and deed.

Notary Publicjin and for the State of IowaOriginal e-filedCopy to be provided to:

Sac County AttorneyDefendant

SHELLEY BASSClerkof DistrictCourt -DesigneeSac County


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.BARRY RAYMOND JOHNSON ,

DEFENDANT.

Case No. 02811 OWCR012374

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 27, 2013.

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

3. Defendant demands the right to speedy trial.

4. Defendant is represented by Pro Se.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on October 2, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a pretrial conference is scheduled on September 24,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof 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 depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, 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 setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 AUG 27 1:05 PM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYBARRY RAYMOND JOHNSONDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleOWCR012374 STATE OF IOWA VS. BARRY RAYMOND JOHNSON

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-27 13:05:01

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E-FILED 2013 OCT 11 2:41 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, No. OWCR012374Plaintiff,

vs.

BARRY RAYMOND JOHNSON, OWI 1st OFFENSE

DOB: 08/23/1959 JUDGMENT ENTRYDefendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State isrepresented by Sac County Attorney Benjamin John Smith. The Court finds that on August 27,2013, Defendant waived his right to an attorney. The Court finds that Defendant was advisedconcerning his right to have counsel. The Court specifically finds Defendants waiver of counselto be knowing, voluntary and intelligent. Having filed a plea of guilty herein, which has beenreviewed by this Court, and is incorporated herein by this reference, knows of no legal cause whyjudgment should not now be entered, and none appears upon the record. The Court, therefore,

accepts the Defendants plea of Guilty and finds that the Defendant is guilty ofOperating While

Intoxicated, First Offense in violation of Iowa Code Section 321J.2, a Serious Misdemeanor.

IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT,pursuant to Sections 321J.2, and 903.1, Code of Iowa, that the Defendant be sentenced to:

1. The confinement in the Sac County Jail for a period of thirty-(30) days, all timesuspended after Defendant has served two (2) days in the Sac County Jail, with credit for anytime already served.

a. Defendant shall also be assessed the correctional fee of $55.00 per day charged by the Sac

County Sheriffs Office. Defendant shall serve said sentence within six (6) months of the date ofthis order. If the Defendant has not served the jail time at the end of six (6) months, the SacCounty Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time.

b. Defendant may, at Defendants expense, complete a 48-hour Alcohol Intervention Program inlieu of 48 hours of jail time. Proof of completion must be provided to the Clerk of Court andCounty Attorney within six (6) months of todays date. In the event the Defendant does not

attend the 48-hour Alcohol Intervention Program, he shall (at his own expense) complete a 12-

hour Prime for Life course or similar program within six (6) months of this date.

2. Defendant is placed on probation to the Sac County Probation Officer for a period of one

year, and during such probation period Defendant shall abide by all the terms and conditions ofthe probation as set forth on the Probation Agreement. Defendant is Ordered to sign a ProbationAgreement within 72 hours of this Judgment, with the Sac County Probation Officer at the SacCounty Courthouse, 100 NW State Street, 2nd Floor, Suite 9, Sac City, Iowa.

a. Defendant shall obey all State, Federal and local laws and ordinances.

b. Defendant is Ordered to report any new arrests to the Sac County Probation Officer within



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seven days of the arrest date.

c. Defendant shall abstain from the use of illicit drugs and alcohol during his probationary period.

d. Defendant shall timely pay all amounts ordered by this Judgment.

3. Defendant is Ordered to pay a fine of $1,250.00 and a 35% surcharge in the amount of$437.50, plus a $10.00 DARE surcharge pursuant to Iowa Code Section 911.2. If Defendantshows proof of having obtained a work permit, the fine will be reduced to $625.00 and the 35%surcharge will be reduced accordingly, to $218.75.

4. The Defendant shall comply with all recommendations set forth in the alcohol evaluation

dated August 19, 2013 from New Opportunities, which no treatment was recommended.

5. Defendant shall pay court costs in the amount of $100.00.

6. Defendant shall keep the Clerk of Court and Sac County Probation notified as to any changein address until all obligations of this case have been completed.

7. If the Defendants license has not already been revoked, for this offense, the Department ofTransportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J.

8. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this

Judgment by paying $75.00 per month to the Sac County Clerk of Court with payments to

begin on the 1st day of the month following this order and shall continue on the 1stday of eachmonth until paid in full.

HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE

TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS

JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if

one payment is missed, the entire obligation becomes immediately due.

Defendant having appeared and sentence being pronounced, IT IS FURTHER

ORDERED that any balance of appearance bond is released after application to fine, surcharge,court costs, attorney fees, and restitution.

Defendant is advised of the right to appeal this judgment and sentence and of the right toapply for appointment of appellate counsel and the furnishing of a transcript if unable to pay theappeal costs. Defendant is also advised of the necessity to comply with the statutoryrequirements in filing a notice of appeal. Notice of Appeal must be filed within 30 days of thisJudgment. Defendants appeal bond is fixed in the sum of $2,650.00.

Original filed EDMS, Copy by EDMS to: County Attorney

Defendant

DOT

Sac County Sheriff



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Type: ORDER FOR JUDGMENT



So Ordered



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Auburn Man Convicted of OWI 1st Offense