Complaint Item #: 14-000105STATE OF IOWA, COUNTY OF SAC

STATE OF IOWAVs.

Matthew Luverne Birt

Before (Judge, Magistrate) _

Criminal Case No. _

Defendant

Address 303 1et Street Complaint

Lake View, IA 51450

Date of Birth 03-27-92 Simple Misdemeanor

The defendant is accused of the crime of Public Intoxication in violation of (Section 123.46 of the Code of Iowa) or

Ordinance No. __ of the City of __ , in that the defendant on the 23rd day of January, 20.1§, at the intersection of

iz" and Audubon Street, Sac City, Iowa in Sac County, did:

appear in public while intoxicated.

(State acts or omissions constituting offense) Dated

Complainant

Statutory Reference 804.1 Code of Iowa Address Sc -+>1)

STATE OF IOWA,COUNTY OF SAC, ss.

I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other

reliable persons form my belief that Matthew Luverne Birt the defendant committed the crime charged.

On Friday, January 23, 2015 at approximately 2120 hours I was traveling behind a silver Pontiac Grand Prix in the 1100 block ofAudubon Street. At the intersection of 1z" & Audubon, two subjects, one male and one female jumped out of the vehicle's passengerside while it was still moving. The female ran before I was able to get stopped. The male was running after her yelling. I turned on myemergency lights, got out and advised the male to stop. I recognized him as Matt Birt from Lake View. While speaking with him, I couldsmell an odor of an intoxicating beverage coming off his person. He admitted that he had been drinking. I placed him under arrest andtransported him to the Sac County Law Enforcement Center where he was charged with Public Intoxication and jailed.

Signature

Subscribed and sworn to before me by the said __ =-_=.;:;~.......;;...=--'-'=.!--'----------' Complainant, onthe 25 (~ day of :IC~","~'-\ ,20 ~.,

Complaint and affidavit filed and probable cause found that the defendant committed the offense charged.

Magistrate

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E-FILED 2015 JAN 23 10:42 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY Plaintiff VS MATTHEW LUVERNE BIRT Defendant

02811 SMCR012742

ORDER

Defendant appears on a charge of public intoxication. Defendant was advised of his rights and themaximum range of penalty. After discussion with the court about the penalty that would be imposedif the defendant chooses to plead guilty, he elected to do so. Based on that guilty plea the courtsentences the defendant to serve a term of confinement of five days in the Sac County jail with all buttime served suspended for a period of one year during the defendant's good behavior. Court costsare taxed to the defendant and shall be paid on or before February 20, 2015 or the defendant shallappear and show cause on February 23, 2015 at 10:30 AM. Copy Provided to Defendant

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E-FILED 2015 JAN 26 9:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSMCR012742 STATE VS MATTHEW LUVERNE BIRTType: OTHER ORDER

So Ordered

Electronically signed on 2015-01-26 09:57:40

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E-FILED 2015 JAN 26 9:57 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 26 10:00 AM SAC - CLERK OF DISTRICT COURT