sac city man convicted of owi 1st offense

7/29/2019 Sac City Man Convicted of OWI 1st Offense

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E-FILED 2013 MAY 23 3:14 AM SAC - CLERK OF DISTRICT COURT


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

Plaintiff,

vs.

DONALD THOMAS THORPE ,Defendant.

Case No: 02811 OWCR012311

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

You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 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 06/11/2013 at 11:00 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 TitleOWCR012311 STATE VS DONALD THOMAS THORPE

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-05-24 10:03:51

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, )

)PLAINTIFF ) Crim No. OWCR012311

)

Vs. ) Appearance and Waiver of

) Preliminary Hear

DONALD THOMAS THORPE )

)

DEFENDANT )

COMES NOW Charles A. Schulte, Schulte & Graven Law Firm, P.C., 421 MainSt. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his

appearance on behalf of the above-named defendant and on behalf of the defendant,

waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137

SCHULTE & GRAVEN LAW FIRM P.C.

421 Main St., PO Box 392

Sac City, IA 50583

Phone: (712) 662-4715Fax: (712) 662-4884

Original filed

Copy to: County Attorney

E-FILED 2013 MAY 24 4:13 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR Sac COUNTYSTATE OF IOWA or Criminal

Plaintiff/Petitioner, N o . \ w c K O 1 3 7 ) lYcvo[,]T. TI"yr p FINANCIAL AFFIDAVIT/APPLICATIONFOR APPOINTMENT OF COUNSELDefendant/Respondent.In support of my application or appointmentof counsel, nd under penaltyof perjury, the undersigned tates:

E-mail:/3,N ^ " , D o n q f J l - h o f J c e B i r r h D a t e : 9 / ' q / A SHome hone:6 ts - 76 2t cellphone:StreetAddresr, I D Street/P.O. ox Apt # CityPending harges:

List all othermoneyyou,or anyone lse iving n yourhousehold, ascoming n:

StateIn Jail?

SoFzzipD Y e s E N o

Do you havea ob? D No Job E Yes,Full Time B-Yies,PartTime(ListHours/week:whodoyouworkrorzraf ) ef f -c D, f l i n O .How muchmoneydo you currentlymakebefore axesor deductions? 6OO, OO per E hour E{onth E yearAHow muchmoneyhaveyoumade n the ast12months rom anysource, ef ore axesor deductions4 6 , / 0 0 , O ()

How many amily members resupported y or live with youZ 2-If a spouseiveswithyou,how muchmoneydoes our spouse u1r"t E5o, oa per E hour tr-rn-onth E year- o

List whatyou own includingmoney n banks, ars, rucks,othervehicles,and,houses,uildings, ash, r anythingelseworth more han$100: b -

Listamountsou paymon thl yformortgages,ent,3 6 f . o t t . / loans, reditcards, hildsupport, r anyotherdebts:U .

I understand I may be required to repay the State for all or part of myrequired to sign a wage assignment, nd I must report any changes nfinancialaffidavit. I promise under penaltyof perjury that the statementsand that I am unable o pay for an attorney o representme.

attorney fees and costs, may bethe information submitted on thisI make in this applicationare true

Signafure



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STATE OF IOWA,

PLAINTIFF,VS.DONALD THOMAS THORPE ,

DEFENDANT.

02811 OWCR012311

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 has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Charles Schulte, a contract attorney, is appointed.The defendant shall contact their attorney within 48 hours.

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Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012311

Plaintiff,

vs. TRIAL INFORMATION

DONALD THOMAS THORPE,

DOB: 09/14/1965Defendant.

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, Donald Thomas

Thorpe of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a

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

The said Defendant, Donald Thomas Thorpe, on or about May 22, 2013 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

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9

Sac City IA 50583Telephone: 712-662-4791

Fax: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


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Type: Approval of Trial Information

Case Number Case Title

OWCR012311 STATE VS DONALD THOMAS THORPE

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 2013-06-26 10:28:07 page 2 of 2

E-FILED 2013 JUN 26 10:27 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012311

Plaintiff,

vs.DONALD THOMAS THORPE,

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, Sac County Sheriff's Department

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

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

KIM SNOOK, DIRECTOR OF DRIVER SERVICES, IOWA DEPARTMENT OFTRANSPORTATION,

E-FILED 2013 JUN 25 12:41 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

DONALD THOMAS THORPE,Defendant.

CRIMINAL NO. OWCR012311

ORDERSET ARRAIGNMENT AND BOND

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

IT IS ORDERED, the Defendant shall personally appear forArraignment at the

Sac County Courthouse, District Courtroom, Sac City Iowa on the 16thday ofJuly 2013at 9:00 a.m..

The Defendant is advised that failure to appear will result in the issuance of anarrest warrant.

IT IS FURTHER ORDERED, the Defendants bond and conditions for releasefrom custody 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 have no contact with the victim or any witness set

forth in the minutes of evidence in this matter.The Defendant shall be on pre-trial supervision to the Second Judicial

District Department of Correctional Services.Other:

[X] Defendant is Ordered to immediately obtain a Substance AbuseEvaluation and provide it to the Court. Failure to do so may result in therevocation of Defendants Pre Trial Release.

E-FILED 2013 JUN 26 10:27 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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STATEOF OWA,Vs.

DONALDTHOMASTHORPEDefendant

IN THE IOWA DISRICTCOURTFOR SAC COUNTYCRIMINALNO OWCRO123IWRITTENARRAIGNMENT.PLEAOFNOT GUILTY

)) Date Trial Information filed: 0612612013

COMESNOW the Defendantn the above-captionedriminal caseandunderoath states:L I am represented y Attorney CharlesA. Schulte,whoseaddress ndphonenumberare421MatnSt.,POBox 392,SacCity, A. 50583; 112)662-4715.

2. My currentmailingand esidence ddress ndphonenumberare3 0 N. l3'l' St.,SacCity, A 50583.My phone umber s: 712)660-3838.My dateof birth s 09-14-1965.I can eadand understandhe English anguage ndhave completed he following levelof education: 2 Years.4. I havebeenadvisedby my attorneyandunderstandhat I havea right to arraignmentin openCourt,and voluntarilywaive thatright, choosing nstead o signthis WrittenArriignment andPleaof Not Guilty. I understandhat imesfor furtherproceedingswhich are computed rom the dateof arraignmentwill be computed rom the dateoffiling this Written ArraignmentandPleaof Not Guilty.

5. I have eceiveda copy of the Trial Informationwhich chargesme with the crimeofCOUNT I: OPERATING WHILE INTOXICATED _ 1STOFFENSE iN ViOIAtiONfIowa CodeSection 21J.2.6. With regard o the nameby which I am chargedn the Trial Information (either check"a" or checkandcomplete b"):

,/( 1J{. The nameon theTrial Information s my truename. I havebeenadvisedandunderstandhat I am now precludedrom objecting o the Trial Informationupon heground hat I am improPerlY amed'

( )b. The nameshownon the Trial Information s not my true name. My truename s. I request hat an entrybe made n theminutesshowingmy true name' I havebeenadvisedandunderstandurtherproceedings il l be had againstme by thatname,theTrial Informationwill be amended ccordingly, nd when he Trial Information s soamended, will be precluded rom objectingupon he grounds am improperlynamed'7. I havebeenadvisedandunderstandhat I may pleadguilty, not guilty or formerconvictionor acquittal.

E-FILED 2013 JUL 15 4:34 PM SAC - CLERK OF DISTRICT COURT


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8. For thepurposeof this arraignment, havehad sufficient ime to discussmy casewithmy attorney,and waive any further ime in which to entera plea'9. I pleadNOT GUILTY to the chargesn paragraph above.10 . I havebeenadvised ndunderstandha t havea right underRule 2.33(2)(b) f theIowa Ruleso.fCriminal Procedure o atrial within ninety days/one earafter he filing oftheTrial Informrytion nd (checkeither "a" or "b"):,/

t Ord.l demand peedyrial pursuanto Rule2.33(2)(b) nd(c).( ) b. I waivemy right to a speedyrial pursuanto Rule2.33(2)(b) nd c) .

11. I requesthat atrial datebe setpursuant o Rule 8.1of the owa RulesofCriminalProcedure. My attorneyandI will be available or trial on the following days:AnyTime.

Original to be filed ith Clerk of CourtCopyprovided o:SacCounty AttorneyPO Box 92SacCitv.IA 50583

Attorney for fendant

E-FILED 2013 JUL 15 4:34 PM SAC - CLERK OF DISTRICT COURT


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.DONALD THOMAS THORPE ,

DEFENDANT.

Case No. 02811 OWCR012311

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onJuly 15, 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 Charles Schulte.

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 August 27,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may

depose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.

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E-FILED 2013 JUL 16 9:24 AM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCHARLES ADAM SCHULTE

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Type: ORDER SETTING TRIAL

So Ordered


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IN THE IOWA DISTRICTCOURT N AND FOR SAC COUNTYSTATEOF OWA,

VS .

Plaintiff

DONALDTHOMASTHORPE.DOB:09/14/1965DefendantCOUNT I

l. theundersignedef'endant.ave arefullyeadand ullyunderstandhe ollowing:I am chargedwith OPERATINC A MOTOR VEHICLE WHILE INTOXICATED - ISTOFFENSE, n violationof lowa Code Section 21J.2, SeriousMisdemeanor,nd I herebyrequesthatmy pleaof guilty o thecharge e entered frecord.A. The maximurr unishmentbr a ScriousMisdemeanors imprisonmentf not more hanoneyear r jail anda mandatoryineofnot more han$1,250.00, lusstatutory urcharges,luscourt costsand all costsand ees ncurred or legalassistance hich s immediately ue on thedateof sentencing. realize hat, fthere r,"'as o personal r property njury, and I presentothe Courta temporaryestrictedicense,heCourl maywaiveup to $625of the ineand herelated statutory surcharge. I acknowledge hat, the Court may order me to performcornnunity ervice ork, f theCourt s of theopinion hatconmunity ervice ork will deteranddiscourage thers rom similarcrinrinalactivity. The community ervicemustbe done ora governrnental r non-profit agency. (The rate at which community service shall becalculated gainstmy fineshallbe the federalminimumwage.) In addition, may be requiredto paycorrectional ees or incarceration nd enrollment ees or probation. I am aware hatsentencing ptionsmay ncludedeferralofJudgrnentandSentence,he grantofprobation andthesuspensionfthe sentencemposed.o There s a minimumpenaltyof irnprisonmentn ail for 48 hours, which must be imposedunless ameligiblebr a deferredudgment, r defened entence.r TheCourtmustorderme o attend course or drinking rivers.o The Cour t must order me to undersoa substancebuseevaluation nd to follow thereconxnendations.o TheCourt rnayorderme to participaten a realityeducation ubstancebuse revention

program.. The Court may order restitution o any victim of rny offense. In addition, he Court mayorder restitution up to $500 each to any public agency(hre-fighting, aw enforcement,ambulance, edicalor any otheremergencyen'ices), hich responded s a resultof myviolation.. Unless he Departmentol' Transportationhas alreadyrevoked my licenseor drivingprivileges, understand y license r drivingprivileges ill be revoked minimum f 180days.

No .OWCR0l23 l lGUILTY PLEASEzuOUSMISDEMEANOR OWI

E-FILED 2013 SEP 10 2:07 PM SAC - CLERK OF DISTRICT COURT


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. I understandhat there can be no deferralofjudgrnent or sentence r suspension fanyn'nndatoryminimumsentence f incarceration nd no suspension f any other part of n)ysentence ot involving ncarcerationfl:. I tested ver 1570: ro I refused n mplied onsentest;or. I havebeenconvicted f OWI or received defened udsment r sentenceorOWI in Iowaor anyotherstate; ro lf another ersonwas njurcd y thisOWi offbnse.o I understandhat there can be no reductionofmy fineand he relatedstatutorysurchargeunless:. The Court finds that there hasbeenno personalnjury as a result of my actions,and. Thc Court firds that herehasbeen o Droperty amage sa result fmy actions,and. I present temporary estrictedicensewithin the time orderedby the Court.o I understand must completea substance buseevaluationat my own expense eforecanbe sentenced.will provide he evaluationo theCourtbefore am sentenced.

B. I understandhat a criminalconviction,deferredudgrnentor deferredsentencemay affect nystatus nder ederalmmrgrationaws.C. lf I pleadnot guilty, I rvouldbe entitled o the following ights. I giveup these ightsbypleadrrrg uilty:( ). The ight o a speedy ndpublic rialby a ury of twelvepeople.(2). The right o havean attomey epresent e at trialand, f theCourt ound wasunableoafford an attomey, he Court would, at publicexpense, ppointan attorney o representme.

(3). At trial , I wouldbe presumedrutocent ntil such ime, fever, the Stateestablishedyguiltbeyond reasonableoubt.(4). At trial,a ury verdict f guiltywouldhave o be unanimous.(5).At trial, wouldhave heprivilege gaurstelf-incrimination,hat s, cannot e orced otestify, nd f I choose ot to testi!, the Statemayno t comment n the factof my lailure otestifu nd,at my request, wouldbe entitled o a ury instruction tating hat he ury couldnot nlbrguilt ionrnr,u--ailureo tcstil;.(6). At trial, the Statewould have o confrontme with witnessesponwhose estimonytrelied o obtain onviction, nd wouldhave he ight o cross xaminehosewitnesses.(7). At trial, I u,ould be entitled o presentwitnesseso testif,/on my behalf and tocompulsoryrocesso securehosewitnesses.D. By pleading uilty, herewill not bea trialof anykLnd.By pleading uilty, waivemy right otrial,and villbe reated s fl hadbeen riedand oundguiltyby a ury.E. The Court, n determining hethcr here s a factual asis or this pleaof guilty,may makesuch a detennination y examining he Minutes of Testimonyattached o the Triallnformation, by reviewing the investigative epofts of law enforcementagentswho have



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investigatedhe offense,or by askingme or counselo reciteandsummarizehe material actsthat wouldbe ofleredat trial.The court has he discretion o acceptor rejectany pleaagreementmadebetween he Stateand myseli. The plea agreement s: I will plead o Count : Ooerating Motor Vehiclewill follow he recommendationf theSubstancebuseEvaluation. hichwasno treatmenr.I will be placed n orobationo the Saccounty Probation fficer for a periodof oneyearliom the Judgmentdate. t will pay a Civil Penaltv o the StateCourt Administrator. n theamount f$1.250.00. ourtaopointed ttomey ees. ndcourtcoststo bepaidasOrdered vthe Court. lf I obtain a temporaryrestricted icense he Civil penalt),will be reduced o5625.00. will cornplete l2-hourPrime br Life course r similar rogramwithinsx (6 )months l'thisdate.This pieaagreernentncludeshat I wili be responsibleo pay court costs,pa),ment fail costsand fees ncurred or legal assistance,ictim restitution,correction ail) fee for any ail timeandall surchargesndmandatory unishmentsseeparagraph ) applicableo my case.F. I now state o the court that I am,ui fact GUILTY and hat no threatsor promises avebeenmade o induceme to enter my pleaof guilty. I havebeen nformed hat the elements f thecrimeare: I operateda motor vehicle l) while under the influenceof an alcoholicbeverage r other drug or a combinationof such substances; r (2 ) while having analcoholconcentration f .08 or more; or (3 ) while any amountofa controlled ubstanceis present n my personas measuredn my blood or urine. I understand he natureofthe chargeagainstme.Thisoflensewascommitted y me n SacCounty owaby rnydoing he ollowing: I did onor about Mav 22. 2013.unlalvfullvoperatea motor vehiclewhilc under the influence falcoholand was ntoxicated t the time when I wasdriving and did havea bloodalcoholconcentration f .138BAC.I hereby tate hat I subrnit his written pleaof guiltywith full knowledgeand waiverof rny rightsand I do so lieely and voluntarily. No threatshavebeenmadeagainstme to obtain his guiltyplea. No promisesof leniencyor favorable reatmenthave been made, except for any pleaagreementisclosedo theCourtat the imeof thisguiltyplea.

G. If theCourtaccepts rypleaofguilty, realize:(l). The Court will set a sentencingate not less han fifteendaysafter he date of itsacceptancef thisguiltypleaunless waive his ight. In order o contesthispleaofguilty,must ile a Motion in Arrest of Judgment t least ive daysprior to sentencing.The right tofile a Motion in Arrest of Judgmentwill be waivedby having he court imposea sentencetoday.(2). Ifthe court imposes sentenceoday, will never eable o challengehispleaof guilty,and rvill begivingup rny right to directlyappealmy guiltyplea.I ask hecourt to accepthi spleaof guilty. I waive heprecedingightsand ny ight o havetheCourtaddress eoersonallv.



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WAIVER OF MOTION IN ARREST OF JUDGMENTIfthe Courtaccepts ypleaof guilty, wish o be sentencedow. I understandhat:l . ln order to contest hispleaof guilty,I must ile a Motion in Arrestof Judgment o laterthan 45 days after a pleaof guilty and no later than 5 daysprior to pronouncementfjudgment,and that the Court will set a sentencing ate not less han ifteendaysafter hedateof its acceptancef thisguiltypleaunless waive his right,and he right to fileaMotion n Arrestof Judgrnen t ill bewaived y having heCourt mpose sentenceow.

By having he Court mposemy sentenceow, will nevcr e able o challengehi spleaofguiltyand will begivingup my right to directlyappeal nyguilty plea.I hereby equesthe Court sentencenenow and waiveany ime to wliich I maybe entitledfor sentencingt a laterdate.

WAIVER OF RIGHT TO BE PRESENTI havebeen ully advised hat I havea constitutional ight to be presentat my sentencingandpresent videncen my own behall I understandhat t is rnychoice o be present r not,andthatno onecanexcludeme romsentencing.With the above n mind, and furtherunderstandinghat my decisionwhether o bepresentor not s myown decision, hereby nowisentencmg.

Schulte.STATEOF IOWASACCOUNTY SS

known o be thc dcnticalpersonnamcd n andwhoexecutedhe orcgoing dstrument, nd acknowlcdgcdthat he executed he samc ofhis voluntarv act and deed.

.. CHABLES. SCHULTE.). Commlssionumbq Z4Z74Mv Commlssionoecember , 20

waive he right to bepresent 1my

c l 0^ /Onthis 7 day f 4v4/A' 20 t3.before e rheundersrgned,Notarypublicin andforsaid tate,ersonallyppearea / 'Dc:Aq lr \ 'T-h d /J9 e .tomcknowno be hc dcntical ersonamcdn andwhoexecutedhe orcsoinsdstrument-ndacknowlcdscd

, ---\=t\ oI3 y



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1

THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. OWCR012311

Plaintiff,

ORDER DEFERRING JUDGMENT

vs.

DONALD THOMAS THORPE,DOB: 09/14/1965,

Defendant.

COUNT I

The State appears by Sac County Attorney Benjamin John Smith, and Defendant appears

by Attorney at Law Charles Schulte.

The Defendant having previously filed herein a Waiver of Rights and Appearance Plea of

Guilty to the said offense, which plea contained statements by Defendant pursuant to the

requirements of State v. Sisco, 169 N.W.2d 542 and Brainard v. State, 222 N.W.2d 711.

Defendants guilty plea is accepted. In entering his guilty plea the Defendant acknowledged

awareness of his rights and that the plea was voluntarily entered. Defendant waived additionaltime for sentencing and acknowledged that he would not be in a position to file a motion in arrest

of judgment if judgment was imposed immediately and that Defendant still wished to have

sentence pronounced at this time. The Defendant has plead guilty to the crime of OPERATING

A MOTOR VEHICLE WHILE INTOXICATED 1ST OFFENSE, a Serious Misdemeanor,

in violation of Iowa Code Section 321J.2.

IT IS ORDERED that the entry of judgment and pronouncement of sentence is deferred

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

year, and during such probation period, Defendant shall abide by all the terms and conditions of

the probation as set forth on the Probation Agreement. Upon successful completion of probation,

Defendant shall be discharged without imposition of sentence or judgment. Defendantsprobation shall be subject to the following terms and conditions:

1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac

County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9, 2nd

Floor, Sac City, Iowa, 50583.

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

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

within seven days of the arrest date.

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

d. Defendant shall timely pay all amounts ordered by this Judgment.2. Defendant shall pay a Civil Penalty to the State Court Administrator in the amount of

$1,250.00; to be paid as ordered by the Court. If Defendant provides proof that he has

obtained a temporary license work permit to drive, then the Civil Penalty is reduced to

$625.00.



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2

3. Defendant shall pay court costs in the amount of $100.00 and other fees; to be paid as ordered

by the Court.

4. Defendant shall pay court appointed attorney fees in the amount of $402.00; to be paid as

ordered by the Court.

5. Defendant shall (at his own expense) complete a 12-hour Prime for Life course or

similar program within six (6) months of this date.

6. Defendant has submitted to a substance abuse evaluation and the results are on file with the

Clerk of Court, dated August 14, 2013 from New Opportunities.

7. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to

any change in address until all obligations of this case have been completed.

8. If the Defendants license has not already been revoked, for this offense, the Department of

Transportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J.

9. 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 15th day of the month following this order and shall continue on the 15th day of each

month 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.

IT IS FURTHER ORDERED that bond previously set in this matter is exonerated.

Defendant having appeared, any balance of appearance bond is released after application to fine,

surcharge, court costs, attorney fees, and restitution.

Original filed EDMS, Copies to: County Attorney

Defendants Attorney, Charles SchulteDepartment of Transportation

Court Administrator

Substance Abuse Agency



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Type: ORDER FOR JUDGMENT



So Ordered



sac city man convicted of owi 1st offense

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