owcr012647 - scranton man pleads guilty to owi 2nd offense.pdf
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E-FILED 2014 SEP 18 12:55 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 SEP 18 12:55 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 SEP 18 3:08 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, Plaintiff,
vs.
KYLE JO FREESE , Defendant.Defendant's Correct Address: 2016 D Ave.Scranton, IA 51462
Case No: 02811 OWCR012647
INITIAL APPEARANCE OWI
Charges:01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE02 - 321.561 - DRIVING WHILE BARRED2 aggravated misdemeanors: Each of the penalties for incarceration is doubled from what is shown.
The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.
The Court advises the Defendant as follows:
1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.
2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor
3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail - Minimum days
2 Years Prison
And/Or a fine of not less than $1875 or more than $6250 on the OWI and not less than625 nor greater than 6250 for the driving while barred
You will lose your license for a minimum of 365 days and cannot obtain a work permit for365 days.
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4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-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 guilty
of 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 IS
MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT 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 10/13/2014 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 IS
ORDERED 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 Defendant2 of 4
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DefendantSac County Sheriff
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State of Iowa Courts
Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-09-22 09:02:39
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Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
KYLE JO FREESE ,
Defendant.
Case No: 02811 OWCR012647
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 10/15/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing.
In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest.
IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.
Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney
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State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case Title
OWCR012647 STATE VS KYLE JO FREESE
So Ordered
Electronically signed on 2014-10-01 10:40:27 page 2 of 2
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012647
Plaintiff,
vs. TRIAL INFORMATION
KYLE JO FREESE,DOB: 08/08/1985 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, Kyle Jo Freese of the
crime ofOPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated
Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Kyle Jo Freese, on or about September 17, 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.
And having been convicted of/received a deferred judgment for the crime once before; the said
Defendant, Kyle Jo Freese having been convicted of the crime of Operating While Intoxicated in
Sac County Iowa, in Sac County District Court, Cause No.OWCR012360 on or about the 31st
day of October 2013.
COUNT II
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, Kyle Jo Freese of the
crime ofOPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER SECTION
321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of Iowa Code
Sections 321.560 and 321.561 committed as follows:
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The said Defendant, Kyle Jo Freese, on or about September 17, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the state while
license has been barred for being an habitual offender under section 321.555 and 321.556 of
the Code of Iowa.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John SmithSac County Courthouse
100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: attorney@saccounty.org
E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT
mailto:attorney@saccounty.orgmailto:attorney@saccounty.org -
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THE STATE OF IOWA vs. KYLE JO FREESE
Criminal No. OWCR012647
COUNT I: Operating While Intoxicated, Second Offense
COUNT II: Operating a Motor Vehicle While License is Barred Under Section 321.560 asa Habitual Offender
NAMES OF WITNESSES:
JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
DONNA GEERY, CLERK OF COURT, SAC COUNTY IOWA DISTRICT COURT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION
E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: Approval of Trial Information
Case Number Case Title
OWCR012647 STATE VS KYLE JO FREESE
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 2014-10-01 10:40:26 page 4 of 4
E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT
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IN T H EI O W A DISTRICTC O U R T F O R
Sac
DISTRICT CD uKi Ur | WA
SA C COUNTY
FILED
201
M
nr.T15
AH
9: 03
C O U N T Y
S T A T E O FI O W A
or
vs.
Plaintiff/Petitioner,
Defendant/Respondent.
Criminal Civil
O q ^ . K . a i ^ W ^ '
F I N A N C I A L A F F I D A V I T /A P P L I C A T I O N
F O R A P P O IN T M E N T O F C O U N S E L
In
supportof
my
application
f o r
appointment
o fcounsel,
and under penalty
ofperjury,
the undersigned
states:
f / < ^ < - C BiithDate:
Name:
Home
Phone:
CellPhone:
J j j
' O f h flo Q E -m ail:
Street Address:Q )
Who do you
work
for?/ V ffl C h &t\ /V_
Howmuchmoneydo youcurrently make before taxes or deductions? /ct per J l hour month year
How much money have you made in thelast
1 2
months from anysource beforetaxes
or
deductions? ~f~hrti{
How many family membersaresupportedby orKvewithyou? Q
If aspouse
lives
withyou, howmuchmoney does your spouse make? per hour month year
List
a ll
othermoney you, oranyoneelse living
in
yourhousehold
has
coming
in:
f \ Q f
Listwhatyou own
mcluding
moneyinbanks, cars,
trucks,
other
vehicles, land,
houses,
buildings,cash,
or
anything
elseworthmore than $l j i P j _ j g ~
Listamountsyoupaymonthlyformortgages, rent, carloans, creditcards,childsupport, or any other debts:
loo month -**ri 1 So
ft
ch, A support
Sn
r n o r \ - t h n
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required
to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit
I promise under penalty of perjury
that
the
statements
I make in this application are
true
and
that
I am unable to payf o ran attorney to represent me.
D a t e , ( W W - / -
Signature / f y / f e P f ^ > ^
Rev.1/6/12
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,VS.KYLE JO FREESE ,
DEFENDANT.
02811 OWCR012647
ORDER RE:APPLICATION FOR APPOINTMENT
OF COUNSEL
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:The Defendant is not eligible for court-appointed counsel. Application denied.
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State of Iowa Courts
Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER APPOINTING
So Ordered
Electronically signed on 2014-10-15 10:36:24
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE JO FREESE ,
Defendant.
02811 OWCR012647
ORDER RESCHEDULING ARRAIGNMENT
The Court finds that the arraignment should be rescheduled.
IT IS, THEREFORE, ORDEREDthat the Arraignment is scheduled on 11/05/2014
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:
County Attorney
Defendant
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State of Iowa Courts
Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER FOR CONTINUANCE
So Ordered
Electronically signed on 2014-10-15 13:55:24
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IN THE
IOWA DISRICT
COURT
FOR SAC COUNTY
STATI]
OF
OWA.
CRIMINAI,
O.OWCROI2647
WRITTENARRAIGNMENT.
PLEAOF
NOT GUII,TY
Vs.
KYLE
]OFREESE.
Defendant )
Date
Trial nfbrmat ion
i led:
10/01/2014
COMLS
NOW the
Defendant
n the above-captioned
riminal
case
andunderoath
states:
1. am
represented
y Attorne-v
harles
. Schulte.
whoseaddress
nd
phonenumber
are
421
Main St . .
PO Box 392.
SacCity,
A. 50583;
712)
662'1115.
2. M-v
current
mailing and
esidence ddress
nd
phone
number
are
2016D. Ave..
Scranlon,A 51462.My phone umbers:515-391- l400My dateof bir th s 08-08-
1985.
I can
eadand
understand
he English
anguage
ndhavecompleted
he
bllowing
ler.el
fcducat ion:
2
Years.
4. I l.rave ecn
advised
y m1'attorney
nd
understand
hat have
a right
to arraignment
in openCour1.
nd
voluntarily
n'aive
hat ight,choosing
nsteado sign
his
Written
Arraignment
nd
Pleaof
Not Guilty.
I understand
hat
imes br
firrthcr
proceedings
u,hich are
computed
rom
the date of arraignment
vill
be
computed
iom the
datc of
filing this
Written
Arraignment
ndPlea
o1Not Guilt v.
5. I have eceived copyof theTrial Information 'hichchargcsme
with the
crimcof
COUNT
I: OPERA.TING
WHILE
INTOXTCATED
'
SECOND
OFFENSE'
in
violation
of lorva
Code Scction
321J.2;
COUNT
II: OPERATING
A MOTOR
VEHICLE
WHILE LICENSE
IS
BARRED
TINDER
SECTION
321'650
S A
HABITUAL
OFFENDEII,
in violation
of IorvaCodc
Section
321.560
and 321.561.
6. With
regard
o the nane
by
which I arn
charged
n the Trial
Information
either
heck
a
or
checkan{;omplete
b ):
.a
U/6.
lhe name
on the
l'rial Information
s ml true
name
l havebeen
advised
and
undFrstand
hat
xnt
no\\
prccludediom
objccting
o the
Trial lnformation
upon
he
ground l.rat am improperly named.
(
)b.
l'he name
shown
on the
Trial Information
s not my
truenane
My
truc
name
s. I
request
hat an entry
be
madc n the
minutes
howing
my
true narne.
have
been
advised
ndunderstand
urther
proceedings
vill be
hadagainst
.leby
thatname.
thc'trial
lnlbrmation
will be
amended
ccordingl.v.
nd
n'hen
he'l'rial
Information
s so
amencled,
nill be
precluded rom
objecting
pon
he
grounds am mproperly
named.
7.
I havebcen
advised
nd
understand
hat may
plead
guilty. not
guilty or
former
E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT
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conviclion
or acquittal.
8. for the
purpose
f
this arraignment,
have
hadsufficient
ime to discuss
m-v ase
with
m) attorncy.
nd
waive any
urther ime
n rvhich o
entera
plea.
9. I pleadNOT GUILTY to the chargesn paragraph above.
10. I have
becnadvised
ndunderstand
hat
havea
right under
Rule 2.33(2)(b)
f the
Iowa
Rttles /
Crintinal
Procedure
o a trial
Vnithin inetl'days/one
ear
a11erhe
iling of
the Irial
InforlrrgLion
nd
(check
either
a
or
b ):
',/
(V{a.
I acmand peecly
rial
pursuant
o
Rule
2.33(2)(b) nd
c) .
(
)
b. I waive
my right
o a speed.v
rial
pursuanto Rule
2.33(2)
b)
and
c) .
11.
I rcquest
hata trial
datebe set
pursuanto Rule
u.1 ofthe 1on'a
Rules
/ Criminul
Protedure. My attorney nd will beavailableor trial on the ollowingdays:Any
Time.
Def'endan
Original
to bc filed
with Clrk
of Court
Copy
provided to:
County
Attorney
Attorney
for Defendant
E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,
Plaintiff,
vs.KYLE JO FREESE ,
Defendant.
Case No: 02811 OWCR012647
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on November 4, 2014.The defendant DEMANDS the right to a speedy trial.IT IS ORDEREDas follows:Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 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 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.
Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.
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State of Iowa Courts
Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-11-04 15:01:48
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
KYLE JO FREESE,
Defendant.
Case No. OWCR012647
REPORT OF PRETRIALCONFERENCE
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 17, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, throughthe undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, pay all
applicable costs and the minimum fine, serve the minimum jail sentence, and be
placed on informal probation through the Sac County Probation Office. In return,
the State has agreed to dismiss Count 2 of the Trial Information.
Additionally, Defendant intends to submit a written guilty plea by January7, 2014. Defendant intends to waive presence at sentencing and the time
between plea and sentencing.
__________________________
Benjamin John Smith
Sac County AttorneySac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 DEC 19 11:32 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,vs.
KYLE JO FREESE ,
Defendant.
02811 OWCR012647
ORDER
The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause.IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 01/07/2015 at 9:30 AMat the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrestbeing issued.
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E-FILED 2014 DEC 22 9:05 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleOWCR012647 STATE VS KYLE JO FREESEType: OTHER ORDER
So Ordered
Electronically signed on 2014-12-22 09:05:23
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E-FILED 2014 DEC 22 9:05 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf
28/37
IN THE
IOWA
DISTRICT
COURT
IN
AND
FOR
SAC
COUNTY
STATE
OF
IOWA,
Plaintiff,
VS.
KYLE
JO
FREESE,
DOB:
08/08/1985
Defendant.
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*
*
*
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*
>F
*
COUNT
COMES NOW
the
Defendant
n
the
above
action
and
states hat I have
beencharged
with
OPERATING
A
MOTOR
VEHICLE
WHILE
INTOXICATED
-
2ND
OFFENSE,
an
Aggravated
Misdemeanor,
n
violation
of
Iowa
Code Section
321J.2,
and hereby
equest
hat
my
plea
of
guilty
o the charge e entered f record.
In
support
f my
guilty
plea,
state hat
fully
understand
nd have
been
advised
y my
attorney
f the
following
ights:
That
have
he right
to
proceed
with
a
plea
of
not guilty
and
compel
he
Stateof Iowa
to
prove
my
guilt
to
the
unanimous
atisfaction
f a twelve-person
ury
in
a speedy
nd
public
rial;
That
have
he
right
to remain
silent
andcould
not
be
forced
o testify
or
incriminate
myself n
any manner;
nd
hat f
I exercised
my right
to remain
silent; his
could
not be
used
againstme
and
he State
would
be
prohibited
rom
comrnenting
n my
silence;
That
I have
he
right
to
be represented
y
an attorney
hroughout
he
entire trial,
and if I
am
unable
o afford
an attorney,
he
Court would
appoint
one o represent
me at
public
expense;
That
have
he
right
to
cross-examine
ll witnesses
gainst
me
and o
present
vidence,f
any,
on my
own
behalt
That
I am
presumed
nnocent
until
the
State
proves,
f
ever, hat I
am
guilty
beyond
a
reasonable
doubt;
and
That
have
he right
o
subpoena
itnesses
o
appear
nd estify
on my
behalf.
I
have
also
been
advised
hat the
above-stated
ffense
s an
Aggravated
Misdemeanor
hich
carries
maximumpenalty
of imprisonment
ot to
exceed
wo
(2)
years
or a
$6,250
ine with
surcharges
f
35% and
$10.00
DARE
thereon
or
both; I
understand
here
s a
seven
7)
day
minimum
ail
sentence;
further
understand
hat he
minimum
ine
is
$1,875
plus
surcharges
f
35%
and
$10.00;
and
that I
may
be required
o make
restitution
of
pecuniary
damageso
any
victimof
this crime
and
of
court-appointed
ttorneyees,
f
any,
andpaythe
court
costs. may
be required
o
attend
substance
buse
reatment
r education
lasses.
n addition,
may
be
No.
OWCR0L2647
GUILTY
PLEA
_
AGGRAVATED MISDEMEANOR-
Count I-
OWI 2nd
Offense
E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT
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8/9/2019 OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf
29/37
required o
pay
correctional ees or incarceration
nd
enrollment
ees or supervised
robation.
I have
been
nformed hat there
may
be
effects o
my license ncluding suspension,
evocations
and barments ecause f this
plea.
I have
ikewise
been
nformed hat other sentencing
ptions
may be
available to the
Court,
including
but
not limited
to the deferral of Judgment
and
Sentence,
he
grant
of
probation
nd he
suspension
f sentence
mposed.
I
now state
o the
Court
hat
I
am, n fact
GUILTY
and
hat no threats
or
promises
avebeen
made o induce
me to entermy
plea
of
guilty.
I havebeen
nformed hat the elements
f the
crimeare: I operated
motor vehicle
1)
while under he
nfluence f an alcoholicbeverage
or other drug
or ^ combination of such substances; r
(2)
while
having an alcohol
concentration f .08 or
more; or
(3)
while any amountof a controlled
substance
s
present
in my
person
as
measured
n
my blood or
urine.
And
that
I havea
prior
conviction
of the
crime, Operating
While Intoxicated. I
understand
he
nature
f
the
charge
gainst
me.
This offensewascommittedby me n SacCounty
owa
by
my doing he
following: did on
or
about September
17. 2014
unlawfullv onerate
a motor vehicle
while under the
influence f alcoholand
was ntoxicated
at the
time when was drivins
and I did
havea
blood alcoholconcentration f .164 BAC). and wasconvictedf the offense peratine
While ntoxicatedn
SacCountv
owa. n
SacCountv
DistrictCourt caseOWCR012360
n he
31
dav
of October
013.
There s a
factual
basis
or my
plea
of
guilty
and
here s no reasonwhy
I
should
not
plead
guilty.
I hereby
state
hat I submit his written
plea
of
guilty
with
full knowledge nd
waiverof
my rightsand do so
freelyandvoluntarily. No threats avebeen
madeagainstme
o
obtain
his
guilty plea.
No
promises
f
leniency
r
favorablereatment
avebeenmade,except
or any
plea
agreementisclosedo
the
Court
at
the ime his Guilty
Plea s offered or approval
n Court.
I havebeenadvised f
my
rightsasset orth
n
Count of
this
plea.
The
plea
agreement
s: The recommendedentence ill be 364 davs
n
the Sac
Countv
Jail.
with all
but seven
7)
dayssuspended.
ith
credit
or time served.
will
serve
he seven
(7)
days in the Sac County Jail within three
(3)
months
of the Judgment
entry date.
I
understandhat I
will
be allowed o serve he
ail
sentencen
48 hour increments nd
hat the
48-hour
Weekend
lcoholProgram
anbe substituted
or 48 hours
ail
time.
If I
choose
ot
to
attend
he 48 hour WeekendAlcohol
Prograrn
hen will have o complete he
12 hour
Drinking/ Driving
Course.
Also.
I will be eligible
for
the Sac County
Jail Work
Release
Program nder he rules and
guidelines
etby the SacCounty Sheriff.
I will be
placed
on
Probation o
the Sac County
Probation
Officer
for a
period
of one
year
from the
Judgment
entrydate.
I will
pay
a frneof
$
1.875.00.
lus
a 35% surchargen the amount
f
$656.25.
$10.00DARE surcharge. nd courtcosts:o bepaidas set out in the SacCountyProbation
Agreement. I will follow and
complete
he recommendationsf
the Substance
buse
Evaluation. hich I
obtained n October .
2014 rom New
Opportunities.
understand
hat
if my license o
drive
hasnot
already een
evoked or this offense. he Iowa
Department f
Transportation ill
revoke
my
driver's
icense
ursuant
o Iowa CodeChapter
321J
or the
statutory
eriod.
The SacCountyAttorneywill recommendhat Count
I
be
dismissed fter
theappeal
eriod
has un in
Count .
E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT
-
8/9/2019 OWCR012647 - Scranton man pleads guilty to OWI 2nd Offense.pdf
30/37
In
admitting
guilt,
I understand
hat
any
plea-bargain
greements ith the
prosecutor
are not
binding
on the
Court.
I
have
been advised hat I have
the right to have
a
future
date set
for
pronouncing
judgment
and sentence, hich cannotbe less han fifteen (15) days after the guilty plea is
entered, nless
consent o
a
shorter ime.
I understandhat
any challenge
o the
guilty plea
or
alleged efectsn the
plea
proceedings
ust
be raised y a Motion in Arrestof Judgmentiled no
later han forty-five
(a5)
days after
the datemy
pleas
s
accepted ut
not less
han
five
(5)
days
before he
date set for
pronouncing
udgment,
and that failure to raise
such challenge
hall
preclude
he right to assert hem n
this
Court or on appeal o anotherCourt.
I
understand
hat
by
proceeding
irectly o sentencing waive
any right I may have o file
a
Motion in Arrest
Of
Judgment. This means will
be
foreverprecluded
rom
challenginghe
guilty plea
or any
defectsn the
pleaproceedin_es.
Based n the foregoing,
herebywaive
all my legaland rial rights. I requesthatmy
guilty plea
be accepted nd
entered
n
record.
I request
entencingnd
udgment
be
pronounced
ow.
STATEOF OWA
SACCOUNTY
On
his
day
of
U
a
u'l.
.2u
q
beforemy the
undersigned,
NotaryPublic n
and
or
SS
sa idS t a t e , pc rsona i l y ' appca rcc i
t { y
/
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