Roland Man Get Deferred Judgment for OWI 1st Offense

Embed Size (px)

Citation preview

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    1/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    2/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    3/43

    6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to just ify further prosecution of the Defendant as charged. Prior to a

    preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Tr ial 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:

    Set f or the

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    4/43

    charged in this citation, the court isauthorized to enter a conviction andrender judgmentagainst me for theamount of myappearance bond insatisfaction of thepenalty and surcharge plus court cost.

    You hereby aregiven notice thatwithin a reasonabletime but no laterthan the date scheduled for yourinitial appearancea citation/complaint sworn under oath will be filed with thedistrict court clerkof thecounty in which this citation was issued.

    Speed

    IA Code:

    State of Iowa

    this

    Road Work Zone

    Weight

    Agency

    City

    Zone

    Court Costs

    1. I hereby swear and affirm thatthe information provided by me onthis citation is trueunder penalty ofproviding false information.

    My signature below is not a plea of guilty, but acknowledges all of the following:

    PLAINTIFF

    4. I hereby give my unsecured appearance bond in the amount of

    ICIS Sec #:

    Subscribed and sworn to me by

    at

    Fed/Adm Code:

    NOTICE: Providing false identification information is a violation of Section 719.1A of the Code of Iowa and is punishable as a simple misdemeanor.

    Law Enforcement Agency -

    Violation

    DL State

    In the Court at

    Located in the county and state aforesaid and did then and there commit the following offense:

    Fatal Accident

    DL Rest.

    Dated

    Court Date: If you must appear in court or if you choose to appear to answer to a charge which does not

    day of

    Zip Code

    Form 420001E 1/07

    DOB

    Local Ord.

    Height

    require an appearance, report to the above named court on:

    Court Appearance Required (805.10)

    VS.Name

    DL/State IDViewed?

    Race

    Sex

    The following applies to simple misdemeanors only:

    The undersigned states that on or about

    Sec #:

    Upon a public highway at

    CDLReq?

    Year

    dollars and entermy written appearance. I agreethat if I fail to appear in person orby counsel to defend against the offense

    DL End.

    DL#

    Address

    IOWA UNIFORM CITATION AND COMPLAINT

    I swear that the foregoing complaint is true and correct. , Iowa

    ICC# Lic. Plate #/REG

    I.D. No.

    Reference #:

    Signature of Defendant

    City of:

    Dispatch /Case #:

    20

    US DOT#

    DL Class

    State

    2. I promise to appear in said court at said time and place. I understand that a person who willfully fails to appear in court as specified by this citation may be subject to arrest and/or loss of driving privileges.

    First

    defendant did unlawfully: Operate Motor Vehicle/Boat

    State

    Scheduled Violation/Fine

    Suffix

    Criminal SurchargeSerious P.I.

    in

    Notary/other

    Reason:

    3. If a court appearance is not required, I may enter a plea of guilty prior to the designated appearance date by delivery in person, or by agent, or by mail to the court specified by this citation.

    Civil Damage Assessment Other

    County of:

    Officer'sSignature

    Total Fine/Costs

    HazMat End Req?

    Officer'sSignature

    Non-scheduled Violation

    X

    ICIS Ord.

    at

    Defendant, Last

    at

    COMPLAINT

    Pass EndReq?

    Co. Enf. Surcharge

    Middle

    Notary/other Signature

    Dated

    P04 1LEF 130721 020926 0Citation #:

    IOWA STATE PATROL - DIST 04SAC - 81

    SAC COUNTY COURTHOUSE 100 NW STATE STREET SUITE 12 SAC CITY IA 50583

    982AA7491ANDERSON THOMAS PATRICK JR 04/27/1970YES

    NEthnicity50236-0000ROLAND IA325 S SAMSON ST

    6' 02"IA NONE MALEC L

    07/21/2013 12:35 AM 2011 BLK FORD - F15 PK

    2014 NOIA396TJG

    HWY M68 370TH

    N/A13OPER VEH WH INT (OWI) / 1ST OFF

    321J.2 321J.2(2)(A)

    141

    07/21/2013

    07/21/2013

    9:00 AM07/23/2013

    $1,000.00

    SAC CITY - 6717LEFFLER, K

    JULY, 201322

    NOTARYIOWA STATE PATROL - DIST 04

    Continued to:SURCHARGE $FINED $

    COURT NO.

    Day

    None

    DATE:

    GUILTYNO JURY TRIAL or

    PROCEEDING

    DATE:

    Date Signature, person taking bail

    GUILTY

    Citation #:

    NOT GUILTY

    LICENSE NO.

    PLEA

    Phone

    REASONThe court Therefore Enters in Following Order This Date

    FORFEIT BOND

    Name

    Days

    STATE:CASE NO.

    School

    CASE NO.

    REASON

    DOCKET NO.

    Days:

    JURY TRIAL

    Address

    ABSTRACT OF COURT RECORD

    COST $

    TO THE COURT: The following are witnesses who can give testimony relating to the facts of this alleged violation. Please subpoena prosecuting witness:

    Signature, person giving bail

    Mo.

    Revo

    TESTIMONY - JUDGE'S NOTES: (Other Orders)

    DISMISSED

    Iowa

    WARRANT ISSUED

    VERDICT

    Incarceration in

    Continued to:DATE:

    BAIL CASH DEPOSIT

    Yr.

    Susp.

    Other

    OTHER DISPOSITION Driver's LicenseRecommendation

    NOT GUILTY

    P04 1LEF 130721 020926 0

    E-FILED 2013 JUL 22 4:19 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    5/43

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA, : CRIMINAL NO.: OWCR012379STA0018278

    Plaintiff, :

    vs. :APPEARANCE; PLEA;

    THOMAS PATRICK ANDERSON, : WAIVER OF PRELIMINARYHEARING; AND REQUEST

    Defendant. : TO CONSOLIDATE

    COMES NOW attorney, Matthew T. Lindholm, and hereby enters his

    Appearance for the Defendant in the above captioned case. The Defendant pleads

    NOT GUILTY and waives Preliminary Hearing. Defendant further requests that

    any companion citations and/or misdemeanors be consolidated and that an

    arraignment date be set.

    Respectfully submitted,

    Gourley, Rehkemper & Lindholm, PLC

    ________________________________By: Matthew T. Lindholm, AT4746440 Fairway, Suite 210West Des Moines, Iowa 50266Telephone Number (515) 226-0500Facsimile: (515) 244-2914E-mail: [email protected] ATTORNEY FOR DEFENDANT

    ORIGINAL FILED.Copy to:Sac County Attorney

    CERTIFICATE OF SERVICEThe undersigned certifies that the foregoing instrument wasserved upon all parties to the above cause to each of the attorneysof record herein at their respective addresses disclosed on the

    pleadings on July 29, 2013.

    By: U.S. Mail FAX Hand Delivered Overnight Courier Certified Mail x Other

    Michelle Nulph

    E-FILED 2013 JUL 29 10:16 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    6/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    7/43

    State of Iowa Courts

    Type: Approval of Trial Information

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    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 2013-08-08 09:47:18 page 2 of 2

    E-FILED 2013 AUG 08 9:46 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    8/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    9/43

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,Plaintiff,

    VS.

    THOMAS PATRICK ANDERSON, JR.,Defendant.

    CRIMINA NO. OWCR!"#$%&

    ORDER SET ARRAI'NMENT AND APPROVE (OND

    T)e TRIA INFORMATION and t)e MINUTES OF EVIDENCE in t)i* +atte )a-eeen e/a+ined and f01nd t0 20ntain *1ffi2ient e-iden2e, if 1ne/3lained, t0 4a ant a20n-i2ti0n in a t ial 5 61 5, t)e ef0 e, t)i* +atte *)all e *et f0 A ai7n+ent.

    IT IS ORDERED, t)e Defendant *)all 3e *0nall5 a33ea f0 A ai7n+ent at t)e Sa2C01nt5 C01 t)01*e, Di*t i2t C01 t 00+, Sa2 Cit5, I04a 0n t)e 27th da5 0f August 2013 at9:00 a.m..

    T)e Defendant i* ad-i*ed t)at fail1 e t0 a33ea 4ill e*1lt in t)e i**1an2e 0f an a e*t4a ant.

    IT IS FURTHER ORDERED, t)e Defendant8* 0nd and 20nditi0n* f0 elea*e f 0+21*t0d5 in t)i* +atte *)all e9

    Defendant i* elea*ed 0n 3e *0nal e207ni:an2e.

    (0nd i* *et in t)e a+01nt 0f ;

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    10/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    11/43

    E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    12/43

    E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    13/43

    E-FILED 2013 AUG 26 3:41 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    14/43

    2RCR02

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    PLAINTIFF,

    vs. THOMAS PATRICK ANDERSON JR,

    DEFENDANT.

    Case No. 02811 OWCR012379

    ORDER FOR TRIAL

    1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 26, 2013.

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

    3. Defendant waives the right to speedy trial.

    4. Defendant is represented by Matthew T. Lindholm. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

    shall commence on November 5, 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 maydepose 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.

    1 of 3

    E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    15/43

    CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYMATTHEW THOMAS LINDHOLMDISTRICT COURT ADMINISTRATOR

    2 of 3

    E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    16/43

    State of Iowa Courts

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    Type: ORDER SETTING TRIAL

    So Ordered

    Electronically signed on 2013-08-27 10:55:30

    3 of 3

    E-FILED 2013 AUG 27 10:55 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    17/43

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS PATRICK ANDERSON, JR.,

    Defendant.

    Ca e N! . OWCR"#$%&'

    ORDER CONTINUIN( PRETRIA)CONFERENCE

    IT IS HERE*Y ORDERED t+at t+e -et-ial !nfe-en e +eld Se te/0e- $1, $"#%,+all 0e and i !ntin2ed t! O t!0e- 3, $"#%, at '4"" a./., in t+e !2-t-!!/ at t+eSa C!2nt5 C!2-t+!2 e, Sa Cit5, I!6a. If t+e defendant fail t! a ea- 0ef!-e t+iC!2-t a !-de-ed, a 6a--ant /a5 i 2e f!- +i a--e t.

    E-FILED 2013 SEP 27 9:33 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    18/43

    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    So Ordered

    Electronically signed on 2013-09-27 09:33:04 page 2 of 2

    E-FILED 2013 SEP 27 9:33 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    19/43

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS P. ANDERSON JR.,

    Defendant.

    :

    :

    :

    :

    :

    CASE NO. OWCR012379

    MOTION TO SUPPRESSAND MOTION TO CONTINUE

    COMES NOW the Defendant by and through the undersigned counsel and pursuant to

    Iowa Rule of Criminal Procedure 2.11(2)(c) states the following in support of his motion to

    suppress and motion to continue:

    1. The Defendant was stopped by Iowa State Patrol Officer Kevin Leffler on July

    21, 2013, for speeding and was subsequently investigated for operating while

    intoxicated first offense.

    2. During the investigation, the Defendant was asked to do an HGN test and

    following completion of that test, he was told by the officer that he looks ok and

    that he isnt worried.

    3. The officer then asked the Defendant to do a preliminary breath test to confirm

    that he was ok to drive and the Defendant responded that he had chewing tobacco

    in his mouth.

    4. The officer then had the Defendant spit the chewing tobacco out and had him

    perform the walk and turn and one leg stand tests.

    5. After performing the walk and turn test and one leg stand test, the officer again

    told the Defendant that he wanted him to do the preliminary breath test and that

    E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    20/43

    he believed he would pass the preliminary breath test.

    6. The Defendant consented to the preliminary breath test and blew over the legal

    limit and was taken to the station where he was read implied consent and

    eventually consented to the test and blew .110.

    7. The Defendant asserts that suppression is appropriate for the following reasons:

    A. None of the necessary conditions under Iowa Code Section 321J.6(1)(a-g)

    were present prior to the officer invoking implied consent because the Defendant

    was not placed under arrest prior to the invocation of implied consent and the

    preliminary breath test calibration records had not been kept in accordance withIowa Administrative Code Section 661-157.5(2).

    B. The officer lacked the requisite reasonable grounds to believe he was

    operating while intoxicated as required by Iowa Code Section 321J.6 in order to

    invoke implied consent as evidenced by his statements to the Defendant after

    completion of the field sobriety tests. See Nieman v. Iowa Dept of Transp ., 452

    N.W.2d 203, 204 (Iowa App. 1989)( holding the preliminary breath test results

    and the finding of reasonable grounds are two separate criteria; both of which

    must be satisfied in order to lawfully invoke implied consent.) See also State v.

    Braun , 495 N.W.2d 735, 738 (Iowa 1993)(holding that the preliminary breath test

    cannot be used to establish reasonable grounds under Iowa Code Section 321J.6).

    8. There is a pretrial conference set in this matter for October 8, 2013, and it would

    be in the interest of justice to continue the pretrial conference until the same date

    and time as the hearing for this motion.

    WHEREFORE the Defendant respectfully requests that hearing be set to determine the

    E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    21/43

    3

    admissibility of the breath test results and implied consent proceeding and that following

    hearing, and order be entered suppressing the same. The Defendant further requests that the

    pretrial conference in this matter be continued until the same date and time and the hearing on

    the motion to suppress.

    Respectfully submitted,

    Gourley, Rehkemper & Lindholm, PLC

    ________________________________By: Matthew T. Lindholm, AT4746440 Fairway Drive, Suite 210West Des Moines, IA 50266Telephone Number (515) 226-0500Facsimile: (515) 244-2914E-mail: [email protected]

    ORIGINAL FILEDCopy to: Assistant County Attorney

    CERTIFICATE OF SERVICE

    The undersigned certifies that the foregoing instrument wasserved upon all parties to the above cause to each of theattorneys of record herein at their respective addressesdisclosed on the pleadings on ____September 30_____,2013.

    By: U.S. Mail FAXHand Delivery Overnight CourierCertified Mail X Other

    Signature____Leilani Belisario_______________________

    E-FILED 2013 SEP 30 4:32 PM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    22/43

    2RCR22

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    PLAINTIFF,

    VS.THOMAS PATRICK ANDERSON JR,

    DEFENDANT.

    Case No. 02811 OWCR012379

    ORDER SETTING HEARING

    The Defendant has filed a Motion to Suppress. A hearing will now be scheduled.

    IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

    1. A Hearing is scheduled on 10/21/2013 at 1:30 PM at the Sac Co. Courthouse,

    100 NW State St., Sac City, Iowa. .

    CLERK TO FURNISH COPIES TO:

    SAC COUNTY ATTORNEY

    MATTHEW THOMAS LINDHOLM

    1 of 2

    E-FILED 2013 OCT 01 10:54 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    23/43

    State of Iowa Courts

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    Type: ORDER SETTING HEARING

    So Ordered

    Electronically signed on 2013-10-01 10:53:46

    2 of 2

    E-FILED 2013 OCT 01 10:54 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    24/43

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS PATRICK ANDERSON, JR.,

    Defendant.

    CASE NO. OWCR !"#$%

    ORDER RESCHEDU&IN' PRETRIA&CONFERENCE, HEARIN' ONDEFENDANT(S MOTION TOSUPPRESS, AND TRIA&

    IT IS HERE)Y ORDERED t*at t*e P+et+ial C nfe+en-e and Hea+in nDefendant(/ M ti n t S011+e// /*all 2e *eld N ve32e+ !4, " !#, at ! 5 a.3. int*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e, Sa- Cit6, I 7a.

    IT IS FURTHER ORDERED t*at t*e T+ial n t*i/ 3atte+ /*all 2e +e/-*ed0led tDe-e32e+ !$, " !#, at %5 a.3. in t*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e,Sa- Cit6, I 7a.

    E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    25/43

    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    So Ordered

    Electronically signed on 2013-10-08 12:08:03 page 2 of 2

    E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    26/43

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS PATRICK ANDERSON, JR.,

    Defendant.

    CASE NO. OWCR !"#$%

    ORDER RESCHEDU&IN' PRETRIA&CONFERENCE, HEARIN' ONDEFENDANT(S MOTION TOSUPPRESS, AND TRIA&

    IT IS HERE)Y ORDERED t*at t*e P+et+ial C nfe+en-e and Hea+in nDefendant(/ M ti n t S011+e// /*all 2e *eld N ve32e+ !4, " !#, at ! 5 a.3. int*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e, Sa- Cit6, I 7a.

    IT IS FURTHER ORDERED t*at t*e T+ial n t*i/ 3atte+ /*all 2e +e/-*ed0led tDe-e32e+ !$, " !#, at %5 a.3. in t*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e,Sa- Cit6, I 7a.

    E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    27/43

    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    So Ordered

    Electronically signed on 2013-10-08 12:08:03 page 2 of 2

    E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    28/43

    IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS PATRICK ANDERSON, JR.,

    Defendant.

    CASE NO. OWCR !"#$%

    ORDER RESCHEDU&IN' PRETRIA&CONFERENCE, HEARIN' ONDEFENDANT(S MOTION TOSUPPRESS, AND TRIA&

    IT IS HERE)Y ORDERED t*at t*e P+et+ial C nfe+en-e and Hea+in nDefendant(/ M ti n t S011+e// /*all 2e *eld N ve32e+ !4, " !#, at ! 5 a.3. int*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e, Sa- Cit6, I 7a.

    IT IS FURTHER ORDERED t*at t*e T+ial n t*i/ 3atte+ /*all 2e +e/-*ed0led tDe-e32e+ !$, " !#, at %5 a.3. in t*e - 0+t+ 3 at t*e Sa- C 0nt6 C 0+t* 0/e,Sa- Cit6, I 7a.

    E-FILED 2013 OCT 08 12:08 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    29/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    30/43

    1

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS P. ANDERSON JR.,

    Defendant.

    :

    :

    :

    :

    :

    CASE NO. OWCR012379AGCR012460

    STA0018278 NOTICE OF PLEA AGREEMENT ANDCASE RESOLUTION

    COMES NOW the Defendant by and through the undersigned counsel and states the

    following:

    1. The Defendant is charged with OWI first offense in violation of Iowa Code

    Section 321J.2 and Carry Weapons in violation of Iowa Code Section 724.4

    2. The Defendant filed a motion to suppress in the OWI matter which was set for

    hearing on November 18, 2013.

    3. Pursuant to plea discussions with County Attorney Ben Smith, the following

    agreement has been reached with respect to this case:

    a. The Defendant will enter a guilty plea to the OWI charge in exchange for a

    recommendation by the County Attorney and Counsel for a deferred judgment.

    b. The Defendants motion to suppress will not be resisted by the State and

    therefore an agreed order to suppress the chemical test results in this matter will be presented to the presiding judge.

    c. All other pending charges against the Defendant including the weapons charge

    E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    31/43

    2

    and the speeding ticket will be dismissed.

    4. In light of the agreement stated herein, a hearing on the D efendants motion to

    suppress is no longer necessary and the undersigned respectfully requests that a plea and

    sentencing date be set.

    WHEREFORE the Defendant respectfully requests that an order be entered suppressing

    the chemical test results and that a plea and sentencing date be set in this matter.

    Respectfully submitted,

    Gourley, Rehkemper & Lindholm, PLC

    ________________________________By: Matthew T. Lindholm, AT4746440 Fairway Drive, Suite 210West Des Moines, IA 50266Telephone Number (515) 226-0500Facsimile: (515) 244-2914E-mail: [email protected]

    ORIGINAL FILEDCopy to: County Attorney

    CERTIFICATE OF SERVICE

    The undersigned certifies that the foregoing instrument wasserved upon all parties to the above cause to each of theattorneys of record herein at their respective addressesdisclosed on the pleadings on November 18, 2013.

    By: U.S. Mail FAXHand Delivery Overnight CourierCertified Mail X Other

    Signature: Michelle Nulph

    E-FILED 2013 NOV 18 9:17 AM SAC - CLERK OF DISTRICT COURT

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    32/43

    IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    STATE OF IOWA,

    Plaintiff,

    v.

    THOMAS P. ANDERSON JR,

    Defendant.

    :

    :

    :

    :

    :

    CASE NO. OWCR !"#$%

    ORDER SUPPRESSIN&

    NOW ON THIS '''''''' da( )f N)ve*+e , " !#, t-i *atte a//ea +ef) e t-e C)0 t

    )n Defendant1 M)ti)n t) S0// e .

    T-e C)0 t +ein2 d0l( advi ed in t-e / e*i e and 0nde tand t-at t-e State d)e n)te i t t-e Defendant1 M)ti)n t) S0// e .

    IT IS THEREFORE ORDERED, ADJUD&ED AND DECREED THAT t-e + eat- te te 0lt )+tained i -e e+( 0// e ed f) t-e ea )n et f) t- in t-e Defendant1 *)ti)n t)0// e and a 03- t-e e 0lt a e inad*i i+le at t ial.

    '''''''''''''''''''''''' ''''''J0d2e Se3)nd J0di3ial Di t i3t

    ORI&INA4 FI4ED.

    E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    33/43

    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    AGCR012460 STATE VS THOMAS PATRICK ANDERSON, JR.STA0018278 STATE OF IOWA vs ANDERSON, THOMAS PATRICK

    So Ordered

    Electronically signed on 2013-11-18 14:20:03 page 2 of 2

    E-FILED 2013 NOV 18 2:20 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    34/43

    E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    35/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    36/43

    E-FILED 2013 NOV 19 9:46 AM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    37/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    38/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    39/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    40/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    41/43

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    42/43

    2

    3. Defendant s#all *a+ 'o(&t 'osts in t#e a%o(nt of at #is o n e?*ense@ 'o%*lete a 12A#o(& P&i%e fo& ife 'o(&se o&si%ila& *&o &a% it#in si? >5@ %ont#s of t#is date.

    6. Defendant #as s($%itted to a s($stan'e a$(se eval(ation and t#e &es(lts a&e on file it# t#eCle&8 of Co(&t dated ,( (st 13 2013 f&o% Cente& fo& nte&*e&sonal Effe'tiveness.

    a. Defendant s#all a$ide $+ all &e'o%%endations of t#e eval(ation in'l(din in*atient o&ot#e& t&eat%ent if &e'o%%ended. f t&eat%ent is &e'o%%ended Defendant s#all en&oll int#e fi&st availa$le &e'o%%ended t&eat%ent &o(* and ti%el+ 'o%*lete t#e t&eat%ent. !#es($stan'e a$(se a en'+ s#all notif+ t#e )a' Co(nt+ P&o$ation Offi'e& of an+ nonA'o%*lian'e.

    $. Defendant is O&de&ed to *&ovide *&oof of 'o%*lian'e it# t#e &e'o%%endations of t#e

    )($stan'e ,$(se Eval(ation to t#e )a' Co(nt+ P&o$ation Offi'e& on a %ont#l+ $asis(ntil s('# ti%e as t#e &e'o%%ended t&eat%ent s#all $e 'o%*leted.

    5. Defendant s#all 8ee* t#e Cle&8 of Co(&t and t#e )a' Co(nt+ P&o$ation Offi'e& notified as toan+ '#an e in add&ess (ntil all o$li ations of t#is 'ase #ave $een 'o%*leted.

    7. f t#e Defendant s li'ense #as not al&ead+ $een &evo8ed fo& t#is offense t#e De*a&t%ent of!&ans*o&tation s#all &evo8e Defendant s li'ense *(&s(ant to o a Code C#a*te& 321 .

    ; . IT IS FURTHER ORDERED t#at Defendant s#all *a+ all a%o(nts o&de&ed $+ t#is (d %ent $+ *a+in !"#.$$ %e &'()* to t#e S+ C'-() C/e 0 'f C'- ) it# *a+%ents to $e in on

    t#e 1#)*

    d+ 'f )*e &'()* follo in t#is o&de& and s#all 'ontin(e on t#e 1#)*

    da+ of ea'#%ont# (ntil *aid in f(ll.HOWEVER IF THE A OVE PAYMENT PLAN DOES NOT RESULT IN THETOTAL O LIGATIONS EING PAID WITHIN 23 MONTHS OF THE DATE OFTHIS JUDGMENT, THE ALANCE IS DUE AT THAT TIME. Defe(d+() 45 +d645ed)*+) 4f '(e %+ &e() 45 &455ed, )*e e()4 e '7/48+)4'( 7e '&e5 4&&ed4+)e/ d-e.

    IT IS FURTHER ORDERED t#at $ond *&evio(sl+ set in t#is %atte& is e?one&ated.Defendant #avin a**ea&ed an+ $alan'e of a**ea&an'e $ond is &eleased afte& a**li'ation to fines(&'#a& e 'o(&t 'osts atto&ne+ fees and &estit(tion.

    O&i inal filed Co*ies to: Co(nt+ ,tto&ne+Defendant s ,tto&ne+ "att#e !. ind#ol%De*a&t%ent of !&ans*o&tationCo(&t ,d%inist&ato&)($stan'e ,$(se , en'+

    E-FILED 2013 DEC 02 1:35 PM SAC - CLERK OF DISTRICT COURT

  • 8/13/2019 Roland Man Get Deferred Judgment for OWI 1st Offense

    43/43

    State of Iowa Courts

    Type: OTHER ORDER

    Case Number Case TitleOWCR012379 STATE VS THOMAS PATRICK ANDERSON JR

    So Ordered

    Electronically signed on 2013-12-02 13:35:18 page 3 of 3

    E-FILED 2013 DEC 02 1:35 PM SAC - CLERK OF DISTRICT COURT