Lake Mills Man Convicted of OWI 1st Offense

8/11/2019 Lake Mills Man Convicted of OWI 1st Offense

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E-FILED 2014 MAY 26 2:26 AM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 MAY 27 12:58 PM SAC - CLERK OF DISTRICT COURT


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

vs.

JUSTIN OLIVER HENRY COLE , Defendant.

Case No: 02811 OWCR012552

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 $1,250 or more than $1,875 plus 35%25 surcharge andcourt costs

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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E-FILED 2014 JUN 02 9:51 AM SAC - CLERK OF DISTRICT COURT


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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 06/23/2014 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 TitleOWCR012552 STATE VS JUSTIN OLIVER HENRY COLEType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-06-02 09:51:02

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012552

Plaintiff,

vs. TRIAL INFORMATION

JUSTIN OLIVER HENRY COLE,DOB: 01/29/1990 Defendant.

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, Justin Oliver Henry

Cole of the crime ofOPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious

Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Justin Oliver Henry Cole, on or about May 23, 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:

a. While under the influence of an alcoholic beverage or drugs or a combination of such

substances;

b. while having an alcohol concentration of .08 or more as measured in the person's breath,

blood or urine;

c. while any amount of a controlled substance is present in the person as measured in the

person's blood or urine.

A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith

Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 JUN 20 1:05 PM SAC - CLERK OF DISTRICT COURT
mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. JUSTIN OLIVER HENRY COLE

Criminal No. OWCR012552

COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

MARK JANSMA, OFFICER, SAC CITY POLICE DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWADEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICSLABORATORY



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Type: Approval of Trial Information

Case Number Case Title

OWCR012552 STATE VS JUSTIN OLIVER HENRY COLE

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 2014-06-20 13:06:02 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

JUSTIN OLIVER HENRY COLE ,

Defendant.


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 Hearing isscheduled on 07/02/2014 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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Type: ORDER FOR ARRAIGNMENT



So Ordered




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IOW DISTRICT

STATE OF IOWA,

PLAINTIFF

VS.

DEFENDANT

In sup port o f my appl icat ion to w aive at torne y I s tate:

1. I kn ow I have aright to be represented by an at torney in th is case

a nd

th t

if I can not af ford to h i re an at torne y, the Co urt w ou ld ap poin t

co u n se l f o r m e ,

without

an y ini t ial costs on my part . I

further

real ize

th t I wo u ld u l t imate ly have to re imburse the S ta te fo r those expenses .

2 . I knowth t an at to rne y w ou ld repre sent my interest in a l l court

proceed ings and wo u ld be ava ilab le to answ er ques t ions fo r m e. I am

a w a r eth t there ma y be defen ses to the ch arges against meth t I as a

non - lawy er m ay not be aw are of . I know a lawy er wo uld g ive me the

oppor tun i ty to ob ta in an independent op in ion on how to proceed and

defend the

case

aga ins t me.

3 .

I kno w the Cou nty A t torn ey and his s taf f do not repre sen t me but

ra ther a re respons ib le fo r p rosecut ing me. I know th t I ca nn ot rely

upon the County At to r ney fo r lega l adv ice .

4 . Hav ing cons ide red myright to counse l , t o g e t h e r with the r isk and

d isadvantages o f p roceed ingwithout an at torn ey, I wa nt to represe nt

myse l f and I wan t to w a ive myright to an a t to rney .

DISTRICT OUtt

OF

SAC COUNTY

FILED

COURT FOR S C COUNTY

20IUU L-2 m 8

)

) NO.

) APPLICATION

T O

WAIVE

)

ATTORNEYANDPROCEED PRO

SE)


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E-FILED 2014 JUL 02 10:03 AM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.JUSTIN OLIVER HENRY COLE ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on July 2, 2014.The defendant DEMANDS the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 08/20/2014 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 08/26/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before 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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Case Number Case TitleOWCR012552 STATE VS JUSTIN OLIVER HENRY COLEType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-07-03 09:59:49

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E-FILED 2014 AUG 05 8:40 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

JUSTN OLIVER HENRY COLE,

Defendant.

OWCR!"##"

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

CHARGE: O$e%atin& W'ile Int()i*ated, Fi%+t Offen+e, a +e%i(+ -i+de-ean(%,in vi(lati(n (f I(a C(de / 0"!J."

Defendant 'a+ filed a %itten &ilt1 $lea and a aive% (f Defendant2+ %i&'t t( 3e$%e+ent f(% +enten*in&. Defendant a+4+ t'at t'e $lea t( t'e a3(ve *'a%&e5+6 3ea**e$ted and t'at +enten*e 3e i-$(+ed $%+ant t( t'e $lea a%%an&e-ent a&%eed $(n31 t'e $a%tie+ it'(t t'e f(%-alit1 (f t'e %e*(%d %e7i%ed 31 Rle+ ".8 and ".! (f t'eI(a Rle+ (f C%i-inal P%(*ed%e.

T'e C(%t 'e%e31 inf(%-+ Defendant t'at Defendant2+ $lea (f &ilt1 t( t'ea3(ve9%efe%en*ed *'a%&e i+ a**e$ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:!. Defendant i+ ad:di*ated &ilt1 (f t'e *%i-e (f O$e%atin& W'ile

Int()i*ated, Fi%+t Offen+e, in vi(lati(n (f I(a C(de / 0"!J.".

". Defendant i+ 'e%e31 +enten*ed a+ f(ll(+;a. Defendant +'all $a1 all (f t'e f(ll(in& finan*ial (3li&ati(n+;

5!6 a fine in t'e +- (f +%*'a%&e (f


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H(eve%, +in*e n( $e%+(nal (% $%($e%t1 in:%1 %e+lted f%(-Defendant2+ a*ti(n+,


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S$e%vi+(% dee-+ a$$%($%iate. In additi(n t( an1 te%-+ t'eP%(3ati(n S$e%vi+(% i-$(+e+, t'e C(%t +$e*ifi*all1 i-$(+e+ all (ft'e f(ll(in& te%-+ (f $%(3ati(n;

5!6 Defendant +'all -a4e in9$e%+(n *(nta*t it' t'e P%(3ati(nS$e%vi+(% it'in +even 5@6 da1+ (f t'e filin& (f t'i+ O%de% t(+i&n $ f(% $%(3ati(n and +i&n an1 $%(3ati(n +$e%vi+i(na&%ee-ent %e7e+ted 31 t'e P%(3ati(n S$e%vi+(%.Telephone contact is not s!!icient=

5"6 Defendant +'all (3e1 all la+=

506 Defendant i+ $%('i3ited f%(- *(n+-in& (% $(++e++in&al*('(l (% an1 ille&al d%& (% an1 d%& f(% 'i*' Defendantd(e+ n(t 'ave a valid $%e+*%i$ti(n. In additi(n, Defendant i+$%('i3ited f%(- 3ein& at an1 l(*ati(n 'e%e al*('(l (% ille&al

d%&+ a%e $%e+ent, %e&a%dle++ (f 'et'e% Defendant i+a*tall1 in $(++e++i(n (f (% *(n+-in& +*' al*('(l (% ille&ald%&+. T'i+ $%('i3iti(n d(e+ n(t $%('i3it Defendant f%(-3ein& at a $3li* l(*ati(n 5e.&., %e+ta%ant6 'e%e al*('(l i++e%ved, +( l(n& a+ t'e $%i-a%1 $%$(+e (f t'e e+ta3li+'-enti+ n(t t'e +e%vin& (f al*('(l and Defendant i+ n(t *(n+-in&(% in $(++e++i(n (f al*('(l at t'at l(*ati(n= and

5?6 Defendant +'all *(-$l1 it' all te%-+ (f t'i+ O%de%,in*ldin& $a1in& all finan*ial (3li&ati(n+ and *(-$letin& all%e7i%ed ta+4+ in a ti-el1 -anne%=

d. Defendant 'a+ (3tained a +3+tan*e a3+e evalati(n. Defendant+'all f(ll( an1 %e*(--endati(n+ f(% t%eat-ent (% *(n+elin&-ade a+ a %e+lt (f t'e evalati(n, all at Defendant+ (n e)$en+e=and

e. Defendant +'all en%(ll in and *(-$lete t'e D%in4in& D%ive%+ S*'((l+$(n+(%ed 31 t'e *(--nit1 *(lle&e +1+te-. On (% 3ef(%e t'e Bt'da1 f(ll(in& t'e filin& (f t'i+ O%de%, Defendant +'all file %itten$%((f it' t'e Cle%4 (f C(%t t'at Defendant 'a+ *(-$leted t'e

D%in4in& D%ive%+ S*'((l.

0. T'e C(%t &%ant+ t'i+ +enten*e 3e*a+e it $%(vide+ f(% Defendant2+%e'a3ilitati(n and t'e $%(te*ti(n (f t'e *(--nit1. T'e C(%t 'a+ *(n+ide%ed t'e+enten*in& %e*(--endati(n (f t'e $a%tie+.

?. Defendant 'a+ a +tatt(%1 %i&'t t( a$$eal 31 filin& %itten n(ti*e (f a$$ealit' t'e Cle%4 (f C(%t (f t'i+ *(nt1 it'in 0 da1+ (f t'e date (f t'e+e $%(*eedin&+.If Defendant i+ na3le t( $a1 t'e *(+t+ (f a$$eal, Defendant -a1 a$$l1 t( t'e C(%t f(%



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a$$(int-ent (f *(n+el and t'e f%ni+'in& (f a t%an+*%i$t (f t'e eviden*e a+ $%(vided inI(a C(de Se*ti(n+ 8!?. and 8!?.!!. Filin& a n(ti*e (f a$$eal it'in t'e ti-e and int'e -anne% +$e*ified in I(a Rle (f A$$ellate P%(*ed%e B.!! i+ :%i+di*ti(nal andfail%e t( *(-$l1 it' t'e+e $%(vi+i(n+ +'all $%e*lde Defendant2+ %i&'t (f a$$eal.

#. A$$eal (nd i+ +et in t'e a-(nt (f


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Type: OTHER ORDER



So Ordered




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Lake Mills Man Convicted of OWI 1st Offense