Guilty Plea and Judgment - State v Bruce Marvin Auen - Lake View, Iowa - Owcr012381

7/27/2019 Guilty Plea and Judgment - State v Bruce Marvin Auen - Lake View, Iowa - Owcr012381

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E-FILED 2013 JUL 28 2:22 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

BRUCE MARVIN AUEN ,Defendant.

Case No: 02811 OWCR012381

INITIAL APPEARANCE OWI

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

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

The Court advises the Defendant as follows:

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

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

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

Felony - Class

Aggravated Misdemeanor

Serious Misdemeanor

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

One Year County Jail - Minimum 2 days

Years Prison

And/Or a fine of not less than $1250 or more than $1250

You will lose your license for a minimum of 180 days and cannot obtain a work permit for30 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 New

Opportunities (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 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 ANDFINGERPRINTED.

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

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State of Iowa Courts

Case Number Case TitleOWCR012381 STATE VS BRUCE MARVIN AUEN

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-07-30 09:32:23

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STATE OF I O W A ,PLAINTIFF

VS .

IOWA DISTRICTCOURT FOR SAC COUNTY FILED

)2013 JU L 30

N O . OUjC*tolZ3S)) APPLICATION T O WA IV E) ATTORNEY A N D PROCEED (PRO SE )

9: UU

DEFENDANT

In sup port o f m y appl icat ion to waive at torne y I s ta te :1. I kno w I have a right to be repre sen ted by an at torney in th is case

and that ifIcanno t a f ford to h i re an at torne y, the Court wo uld app ointcounse l for me , wi th out any in i t ia l costs on m y part . Ifur ther rea l izethat I w ould u l t imate ly have to r e imb urse the S tate for those expen ses.

2. I know that an at torney would represent my in terest in a l l courtproceedings and wou ld be avai lab le to an sw er quest ions for m e. I ama w a re that there may be defenses to the charges against me that I as anon-la wy er may not be aw are of. I know a lawye r wo uld g ive me theoppor tun i ty to ob ta in an independent op in ion on how to p roceed anddefend the case against me.

3. I know the C ounty A t torn ey and h is sta f f do not repres ent me butra ther are respons ib le for prose cut ing m e. I kno w that I can not relyupon the C ounty A t to rney fo r lega l adv ice .

4 . Having cons idered m y right to co u n se l , t o g e t h e r with the risk anddisadvantages of procee ding w i thou t an at torn ey, I wa nt to rep resentmysel f and I wa nt to wa ive my right to an a t to rney.

Dated this . 7 - 0 - / 3

Defendant


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BRUCE MARVIN AUEN,

DOB: 12-18-1958

Defendant.

Case No. OWCR012381

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,

Bruce Marvin Auen (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 27, 2013, in Sac County,

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

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]


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Type: Approval of Trial Information

Case Number Case Title

OWCR012381 STATE VS BRUCE MARVIN AUEN

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 2013-08-29 10:02:57 page 2 of 2

E-FILED 2013 AUG 29 10:02 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012381

Plaintiff,

vs.BRUCE MARVIN AUEN,

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, Sac County Sheriff's Department

JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,

CRIMINALIST, Iowa Department of Public Safety, Criminal Investigation Division,Criminalistics Laboratory

E-FILED 2013 AUG 28 12:21 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

BRUCE MARVIN AUEN,Defendant.

CRIMINAL NO. OWCR012381

ORDER SET ARRAIGNMENTAND APPROVE 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 10th day of September2013 at 9:00 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 29 10:02 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012381 STATE VS BRUCE MARVIN AUEN

So Ordered

Electronically signed on 2013-08-29 10:02:57 page 2 of 2


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DISTRICT COURI u>SAC COUNTYFILEDOWAIN T H E IOWA DISTRICT C OU R T FOR SAC C OU N TY

S T A T E OF IOWA,Plaintiff,

*

* N o. OWCR012381 2013 SEP10 AM 9:vs. W RITTEN ARRAIG NM ENTBR U C E MARVIN A U EN , * PLE A OF NOTGUILTY

ProSeDefendant.

*

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. M y current mailing and residence addresses and telephone number are:

3.1 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 and

understand 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

U c f L e iSt^>6

My date of birth is/ 2 - f%~lT&.


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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 improperly named.

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 JowaRules 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. lof the Iowa Rules of CriminalProcedure. I wil l be available for trial on the followingdays: / V / r

Defendant, Bruce Marvin AuenSTATE OF I O W A )

) SSSA C C O U N T Y )

On this \ r j ^ day of - ^ ^ p W ^ W / ^ 2013 before my the undersigned, a NotaryPublicjja and for said State, personally appeared

jSAD/U CuijLAO , to me knownto be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the same of his voluntary act and deed.

Notary PublicJn and for the State of IowaOriginal e-filedCopy by edms to:

Sac County Attorneycopy hand delivered to Defendant

SHELLEY B ASSC h * of District Court - DesigneeSa c County


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.BRUCE MARVIN AUEN ,

DEFENDANT.

Case No. 02811 OWCR012381

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 10, 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 himself.

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 09/24/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 SEP 10 2:02 PM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYBRUCE MARVIN AUENDISTRICT COURT ADMINISTRATOR

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Case Number Case TitleOWCR012381 STATE VS BRUCE MARVIN AUEN

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-09-10 14:02:23

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OISTRICT COURIOF I OSA C COUNTYI N T H E I O W A DISTRICT C O U R T IN A N D FO R S A C C O U N T Y FILEDS T A T E OF I O W A , N O . O W C R 0 1 2 3 8 T U I 3 U I J "

Plaintiff,vs.BRUCE MARVIN AUEN, OW I - 1st O F F EN SED O B : 12/18/1958, G U I L T Y P L E A

Defendant.

8=5

C O U N T II, the undersigned Defendant, have carefully read and fully understand the following:I am charged with Operating a Motor Vehicle While Intoxicated, First Offense, in violationoflowa Code Section 321J.2, a Serious Misdemeanor, and I hereby request that my plea of guiltyto the charge be entered of record.A . The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one

year in jail and a mandatory fine of not more than $1,250.00, plus statutory surcharges, pluscourt costs and all costs and fees incurred for legal assistance which is immediately due onthe date of sentencing. I realize that, if there was no personal or property injury, and I presentto the Court a temporary restricted license, the Court may waive up to $625 of the fine andthe related statutory surcharge. I acknowledge that, the Court may order me to performcommunity service work, i f the Court is of the opinion that community service work willdeter and discourage others from similar criminal activity. The community service must bedone for a governmental or non-profit agency. (The rate at which community service shall becalculated against my fine shall be the federal minimum wage.) In addition, I may berequired to pay correctional fees for incarceration and enrollment fees for probation. I amaware that sentencing options may include deferral of Judgment and Sentence, the grant ofprobation and the suspension of the sentence imposed. There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposedunless I am eligible for a deferred judgment, or deferred sentence. The Court must order me to attend a course for drinking drivers. The Court must order me to undergo a substance abuse evaluation and to follow therecommendations. The Court may order me to participate in a reality education substance abuse preventionprogram. The Court may order restitution to any victim of my offense. In addition, the Court mayorder restitution up to $500 each to any public agency (fire-fighting, law enforcement,ambulance, medical or any other emergency services), which responded as a result of myviolation. Unless the Department of Transportation has already revoked my license or drivingprivileges, I understand my license or driving privileges will be revoked a minimum of 180days.

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I understand that there can be no deferral of judgment or sentence or suspension of anymandatory minimum sentence of incarceration and no suspension of any other part of mysentence not involving incarceration if:

I tested over . 15%; or I refused an implied consent test; or I have been convicted of OW I or received a deferred judgment or sentence forOW I in Iowa or any other state; or If another person was injured by this OW I offense.

I understand that there can be no reduction of my fine and the related statutory surchargeunless:

The Court finds that there has been no personal injury as a result of my actions,and

The Court finds that there has been no property damage as a result of my actions,and

I present a temporary restricted license within the time ordered by the Court. I understand I must complete a substance abuse evaluation at my own expense before Ican be sentenced. I will provide the evaluation to the Court before I am sentenced.

B . I understand that a criminal conviction, deferred judgment or deferred sentence may affectmy status under federal immigration laws.

C. If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1) . The right to a speedy and public trial by a jury of twelve people.(2) . The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3) . At trial, I would be presumed innocent until such time, if ever, the State established myguilt beyond a reasonable doubt.(4) . At trial, a jury verdict of guilty would have to be unanimous.(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and if I choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7) . At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory process to secure those witnesses.

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my rightto trial, and will be treated as if I had been tried and found guilty by a jury.

E. The Court, in determining whether there is a factual basis for this plea of guilty, may makesuch a determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who have

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investigated the offense, or by asking me or counsel to recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: I will plead guilty to Count I: Operating a MotorVehicle While Intoxicated 1st Offense. Recommended Jail time is 30 davs, all of which willbe suspended except for two (2) days, with credit for any time already served. Defendantmay substitute a 48-hour Weekend Alcohol Program for 48 hours jail time. If I choose not toattend the 48 hour Weekend Alcohol Program, then I will have to complete the 12 hourDriving Course. I will pay a fine of $1.250.00, plus a 35% surcharge in the amount of$437.50, and a $10.00 D A R E surcharge, and court costs; to be paid as Ordered by the Court.If I provide proof of a temporary driving permit the fine will be reduced to $625.00. I willfollow the recommendation of the Substance Abuse Evaluation.

This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jailtime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.

F. I now state to the Courtthat I am, in factGUILTY and thatno threats or promiseshave beenmadeto induceme to enter my pleaof guilty. I have been informed thatthe elements of thecrimeare: That I operated amotor vehicle (1) while under the influenceof an alcoholicbeverage or other drug or a combination of such substances; or (2) while having analcohol concentration of .08 or more; or (3) whileany amountof a controlled substanceis present in my person as measured in my blood or urine. I understand the natureofthe chargeagainst me.This offense was committed by me in Sac County Iowa by my doingthe following: I did onor about July 27, 2013, unlawfully operateamotor vehicle while under the influence ofalcohol and was intoxicated at the time when I was driving and did have ablood alcoholconcentration of .152 BAC.I hereby state that I submit this written plea of guilty with full knowledge and waiver of myrights and I do so freely and voluntarily. No threats have been made against me to obtain thisguilty plea. No promises of leniency or favorable treatment have been made, except for anyplea agreement disclosed to the Court at the time of this guilty plea.

G. If the Court accepts my plea of guilty, I realize:(1) . The Court will set a sentencing date not less than fifteen days after the date of itsacceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.(2) . If the Court imposes a sentence today, I will never be able to challenge this plea ofguilty, and I will be giving up my right to directly appeal my guiltyplea.I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have

the Court address me personally.


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WAIVER O F M O T I O N IN ARREST O F JUDGMENTIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the Court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion in Arrest of Judgment will be waived by having the Court impose a sentence now.2. By having the Court impose my sentence now, I will never be able to challenge this plea

of guilty and I will be giving up my right to directly appeal my guilty plea.I hereby request the Court sentence me now and I waive any time to which I may be entitled

for sentencing at a later date.WAIVER O F RIGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencing

and present evidence in my own behalf. I understand that it is my choice to be present or not,and that no one can exclude me from sentencing.With the above in mind, and further understanding that my decision whether to be presentor not is my owndecision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.

Defendant, Bruce Marvin Auen

STATE OF IOWASAC COUNTY

On this

)) SS)

/ _ day of 2013 before me the undersigned, a Notary Public in andfor said State, personally appeared fot\ic\ /W / i sU in f\u.e*\ , to meknown to be the identical person named in and who executed the foregoing instrument, andacknowledged that he executed the sameof his voluntary act and deed.

Notary Public in and for the State oflowaN O R M A D H E C H T

Commission Number 740827MY COMMISSION EXPIRES

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STATE OF IOWA, No. OWCR012381Plaintiff,

vs.

BRUCE MARVIN AUEN, OWI 1st OFFENSEDOB: 12/18/1958 JUDGMENT ENTRY

Defendant.

COUNT I

BE IT REMEMBERED that this matter came on for sentencing. The State isrepresented by Sac County Attorney Benjamin John Smith, and the Defendant appears in writingand by Attorney at Law The Court finds that Defendant has waived his right to an attorney.The Court finds that Defendant was advised concerning his right to have counsel. The Courtspecifically finds Defendants waiver of counsel to be knowing, voluntary and intelligent.Having filed a plea of guilty herein, which has been reviewed by this Court, and is incorporatedherein by this reference, knows of no legal cause why judgment should not now be entered, andnone 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 ofIowa 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 SacCounty 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 notattend 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 shall obey all State, Federal and local laws and ordinances.

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. Defendant shall timely pay all amountsordered by this Judgment.

E-FILED 2013 OCT 01 9:57 AM SAC - CLERK OF DISTRICT COURT


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

dated September 9, 2013 from New Opportunities.

a. Defendant shall abide by all recommendations of the evaluation including inpatient or othertreatment if recommended. If treatment is recommended, Defendant shall enroll in the first

available recommended treatment group and timely complete the treatment. The substance abuseagency shall notify the Sac County Probation Officer of any non-compliance.

b. Defendant is Ordered to provide proof of compliance with the recommendations of theSubstance Abuse Evaluation, to the Sac County Probation Officer, on a monthly basis until suchtime as the recommended treatment shall be completed.

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

6. Defendant shall keep the Clerk of Court notified as to any change in address until allobligations 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 $50.00 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 1st day 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, Copy to: County Attorney

Defendant

DOT

Substance Abuse Agency

Sac County Sheriff

E-FILED 2013 OCT 01 9:57 AM SAC - CLERK OF DISTRICT COURT


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Documents

Guilty Plea and Judgment - State v Bruce Marvin Auen - Lake View, Iowa - Owcr012381