srcr012750 - nemaha woman pleads guilty to assault on persons engaged in certain occupations.pdf

8/9/2019 SRCR012750 - Nemaha woman pleads guilty to Assault on Persons Engaged in Certain Occupations.pdf

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SAC COUNTY

15-140 Agency Case Number:

02/06/2015 Arrest Date:

THE STATE OF IOWA

VS.

IN THE IOWA DISTRICT COURT IN AND FOR

This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA)

Submitted to County Attorney

Filed with JCO - Defendant is a Juvenile

HORTON

Last

PATRICIA

First

MICHELLE

Middle Suffix

220 S. 3RD ST.

Address

NEMAHA

City

IA

State

50567

Zip Code

11/14/1967

Date of Birth

FEMALE

Gender

HITE - W

Race

NOT OF HISPANIC ORIGIN - N

Ethnicity

FL

State

5' 06"

Height

166 LBS

Weight

BLUE - BLU

Eye Color

BROWN - BRO

Hair Color

OFFENDER

State Local

708.3A(4)

Code Section

ASSAULT ON PERSONS IN CERTAIN OCCUPATIONS

Crime Description

SRMS

Class

15 - JAIL/PRISONLocation Type

ILLIAMS ST AND W STATE ST

Literal Description

100 NW STATE ST

Address

SAC CITY

City

IA

State

50583

Zip Code

YES

Is Date and Time of Incident Known?

02/06/2015

Incident Date or Low Range Upper Date Range

00:50

Incident Time or Low Range Upper T ime Range

OFFENSE

TAKEN INTO CUSTODY

1 - JAILED

CUSTODY

(Citation Issued)

SUMMONS TO APPEAR

WARRANT REQUESTED

REQUESTED

NO CONTACT ORDER RELEASED TO

PARENT/GUARDIAN

STATUS OF OFFENDER/JUVENILE

assault ___, a peace officer, jailer, correctional staff, member or employee of board of parole, health care provider, employee of the department ofhuman services or firefighter, knowing that ___ was a peace officer, jailer, correctional staff, member or employee of board of parole, health careprovider, employee of the department of human services or firefighter

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

assault ___, a peace officer, jailer, correctional staff, member or employee of board of parole, health care provider, employee of the department ofhuman services or firefighter, knowing that ___ was a peace officer, jailer, correctional staff, member or employee of board of parole, health careprovider, employee of the department of human services or firefighter

On or about the above stated date and time, the Defendant did

Narrative of Offense Committed

NARRATIVE

Last First Middle Suffix

SAC COUNTY SHERIFF'S OFFICE

Business/Organization/State/County/Municipality Name

100 NW STATE ST

Address

SAC CITY

City

IA

State

50583

Zip

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

SAC COUNTY

I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for mybelief that the defendant committed this crime

STATE OF IOWA,

AFFIDAVIT

State all facts and persons relied upon supporting elements of alleged crime

Called to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirleyadvised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side ofCalled to a disturbance in Nemaha at 220 S. 3rd St. Upon arrival Deputy Biedie and I, Deputy Burns, were met by Shirley Stadler at the door. Shirleyadvised that her and her sister in law, Patricia Horton, got into a disagreement. We separated the parties and got both side of

of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-1401 22/6/2015 8:13 AM

E-FILED 2015 FEB 6 8:12 AM SAC - CLERK OF DISTRICT COURT


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the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain thisto Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused andcontinued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail. While at the jail, Patriciarefused to answer routine jailer question for booking. As Deputy Biede and I went to place Patricia in a jail cell. Patricia began to shove Deputy Biedeand I. Patricia then swung her right hand which struck me in the face. Patricia was then assisted into the jail cell.

the story. Shirley and her husband Derek agreed that Patricia could stay as long as she would just go upstairs and go to bed. While trying to explain thisto Patricia, Patricia continued yelling through us and at us in a vulgar manner. Patricia was given one more opportunity to go to bed but refused andcontinued yelling and screaming in our faces. Patricia was then placed in handcuffs and transported to the Sac County Jail. While at the jail, Patriciarefused to answer routine jailer question for booking. As Deputy Biede and I went to place Patricia in a jail cell. Patricia began to shove Deputy Biedeand I. Patricia then swung her right hand which struck me in the face. Patricia was then assisted into the jail cell.

BURNS, JOEL 81-7

Signature of Complainant or Officer, Officer Name & Number

02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME

Defendant Implicated

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury

GENERAL PROBABLE CAUSE

SAC COUNTY

02/06/2015

JENNIFER SCHRAMMNotary Name Signature of Verifying Party

786033Commission Number

09/11/2017My Commission Expires Prosecuting AttorneyPeace Officer Notary

STATE OF IOWA,

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on

of Form :agerinted At of Form :agerinted At SAC COUNTY SHERIFF'S OFFICE 15-1402 22/6/2015 8:13 AM 2 22/6/2015 8:13 AM



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs.

PATRICIA M HORTON , Defendant.

Case No: 02811 SRCR012750

ORDER ON INITIAL APPEARANCE

Charges:01 - 708.3A(4) - ASSAULT ON PERSONS IN CERTAIN OCCUPATIONSUpon review of the complaint and accompanying affidavits, the court finds: That there is probable cause to believe that the defendant has committed the offense(s) listed above. The nature of the charge(s) is that it is a:

Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed$1875 except in the case of possession of marijuana which carries a maximum fine of $1000 andfirst offense operating while intoxicated which carries a minimum fine of $1250. In these cases adefendant can be sentenced to up to one year in the county jail except for possession of marijuanawhich carries a maximum sentence of six months in jail. In the cases of confiction for possessionof marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Convictionof this offense will result in loss of your operators license for a period of and you cannot qualify for awork permit for days.In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.

RECITATION OF RIGHTS:

You have the absolute right to remain silent. Anything you say will be used against you.

You are presumed by law to be innocent of the offense(s) charged unless found guilty by proofbeyond a reasonable doubt.

You have the right to be represented by an attorney and that one will be appointed for you if youqualify. You must fill out an application if you want court appointed counsel.

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MANDATORY SUBSTANCE ABUSE EVALUATION: You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at: New Opportunites, Sac City, 712-662-7921 Compass Point, Storm Lake, 712-732-5136or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Courtat 100 NW State St., Ste. 12, Sac City, IA 50583.

YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILLRESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIALRELEASE. TERMS OF RELEASE:

You will be released from custody prior to trial on your own promise to appear at all further courtproceedings. If you willfully fail to appear before the court as required, you shall be guilty of a DFelony/Serious Misdemeanor. During your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter.

You shall not drive while your license is suspended.

You must obey all the laws of Iowa and the United States.

Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonable assuredthat you will appear at all court proceedings in the future and therefore the court imposes the followingconditions on your release:

You shall not consume any alcohol or illegal drugs during the pendency of this matter. You shall not drive while your licens is suspended.

You must obey all laws of Iowa and the United States.

You must post a bond in the ammount of $.

DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTENREQUEST.

PRELIMINARY HEARING 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 in this county. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

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Preliminary Hearing is scheduled on 02/23/2015 at 10:00 AM at the Sac Co. Courthouse,100 NW State St., Sac City, Iowa. in the magistrate courtroom. 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. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOUMUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROMTHIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HISCONVENIENCE 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

DefendantSac County Sheriff

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State of Iowa Courts

Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2015-02-06 11:20:08

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EN TH E IOWA DISTRICT C O UR T F O R .

S T A T E O F IOWA

or.

vs.

Plaintiff/Petitioner

Defendant/Respondent.

FILE

a»5FEB

6 P M

„

s

Sac

C O U N T Y

^Criminal Civil

N

„. 'z X c S s m

-

FINANCIAL

A F F I DA VI T /A P P LI C A T I O N

F O R

APPOINTMENT

OF

C O U N S E L

In support-ofmy application for appointment of

counsel,

and under penalty of perjnry, the undersigned

states:

Name: Birth Date:

C e l l

Phone:3

C H

tic^ f

^ ^ a i l :

City

Stete Zip

Home

Phone:

Street Address: 2 ft & * *4 «>*1 D

Street/P.O. Box Apt

City

Pending charges:

Do you have

a

job? No Job •

Ye s , F u l l Time

•

Ye s ,

Part

Time (List

Hours/week: )

Zip

In Jail?

• Yes ¥

N o

Who do you work for?

How much money do

you

currently make before taxes or deductions?

per • hour Jfl month • year

How much money have

you

made in the last 12 months

from

any source, before taxes or deductions? ^7^7 7^

How

many

family

members are supported by or

live with

you? \

I f a spouse lives with you, how much money does your spouse make?

per • hour • month • year

List

al l

other money you, or anyone else living

in

your

household,

has coming in:

List what you own including money in banks, cars,

trucks,

other vehicles, land, houses, buildings, cash, or anything

else worth more than $100:

List

amounts you pay monthly for mortgages, rent, car loans, credit cards,

child

support, or any other debts:

U i\

I

understand

I may be required to

repay

the State for all or part of my

attorney

f s 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

jfchê stateinents I

make

in this

application

are true

and that I am

unable

to pay for an

attorney

to

represent

me./

Date

Signature \fAC)Sl\ r^

y

^

Rev. 1/6/12


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IN T H E I O W A D I S T R I C T C O U R T F O R

C O U N T Y

Pla in t i f f

jo

D e f e n d a n t

C a s e

N o .

uthorization

fo r

Return

o f C a s h o n d

Following rrest

a n d o n d

Information

sen

a r re s ted and

c a s h

b ond has be en pos ted in tne amount o t $

t ime:

. for the^crim e

a p p e a r

at the

posted is e l ig ib le for

o

CO

m

C D

I state that I have pos ted

c a s h

bond fo r the Defendant and au thor i ze the fo l low ing (on ly check one op t ion) : o S - i

( ) W he n the bond has been re lea se d p lea se i ss ue a che ck fo r the en t ire amou nt paya b le to me .* _

-— o

( ) W he n the bond has been re lease d p leas e pay the de fendant ' s f inanc ia l ob l iga t ion , inc lud ing bu t ngh l im i ted 3>

to f ines , surcharges and cos ts , on the above s ta ted c a s e and then i ssue a check to me fo r the ba lance. * -

0

( ) Whe n the bond has been released please release the money to the defendant. ** (check this option only if

the mone y belongs to the Defendant)

' P u r s uan t t o low a C o d e sec t ion 602.8103(6) , with proper not ice, any refund to the person post ing the

c a s h

bond

will

be appl ied to ex is t ing cr iminal debt due and owing to the State of lowa in th is county.

All

bond refunds

will

be ma de by chec k th rough the m ai l .

Pursuant to lowa Code section 811.8(2) - upon final disposition of a case, the clerk of court shall return the

cash bail to the person who de posited the money. Written permission must be obtained if the cash is to be used

for or released to anyone other than the person who posted the bond.

I h av e read and u nd e r s t an d t h e abov e i n f orma t ion ,

be ing pos ted .

/have checked one box fp r f i na l d i sbursement o f the bond

Date:

Pr in ted Name o f

.Pe rson

P os t i ng B ond

IILcU INdlllC Ut.r fcJioUM r UollJiy DUIIU *~

Vis

t

fv-NrvA.il-

Signature o f perso n pos t ing bond

(W/7/

be used for verification of identity when bo nd is released)

A d d r e s s ,

C i ty , State & Zip (Make su re the Clerk of Court is kept adv ised of current addres s) P h o n e #

Dr iver ' s L i cen se No . and S ta te o f I ss uanc e Em ai l

C o p y

o f th i s document was prov ided to the Defendant on (date)

Printed

Nam e and Title of

Person

Providing Document

Signature of

Person

Providing Document


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STATE OF IOWA,

PLAINTIFF

.V?.

,

01STRIC1

COunT

UF

IOWA

SAC

COUNTY

I O W A

DISTRICT C O U R T F O R S A C C O U N T Y FILED

W »

9

NO

8= 55

APPLICATION TO WAIVE

ATTORNEY AND

PROCEED

PRO

SE)

DEFENDANT

In supp or t o f m y app l i ca t ion to wa ive a t to rn ey I s ta te :

1. I kn ow I have a

right

to be repre sen ted by an a t to rney in th is

case

a n d th t if I can no t a f fo rd to h i re an a t to rn ey , the C our t wo uld ap po in t

c o u n s e l

f o r m e ,

without

any in i t ia l costs on my part . I

further

real ize

th t I wo u ld u l t ima te ly have to re imb urse the S ta te fo r those exp en ses .

2. I kno w th t an a t to rne y w ou ld rep resen t my in teres t i n a l l cou r t

p roceed ings and would be ava i lab le to answer ques t ions fo r me. I am

a w a r e th t the re ma y be defe nse s to the charges against me th t I as a

no n- law yer m ay not be awa re o f . I kn ow a lawyer wou ld g ive me the

o p p o r t un i t y t o o b t a in a n i nd e p e nd e n t o p i n i o n o n h o w t o p r o c e e d a nd

d e f e nd t h e

case

aga ins t me.

3 . I kn ow the C oun ty A t to rn ey and h is s ta f f do no t represent me but

ra ther a re respo ns ib le fo r p rosecu t ing me . I kno w th t I can no t re ly

up o n t h e Co u n t y A t t o r ne y f o r le g a l a d v i c e .

4 . H a v i ng c o ns i d e r e d m y right to co u n se l , t o g e t h e r with the r isk and

d isadvantages o f p roceed ing

without

an a t to rne y , I wan t to repres en t

myse l f and I wa nt to wa ive my right to an a t to rney .

efendant


11/34

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. PATRICIA M HORTON ,

DEFENDANT.

02811 SRCR012750

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 James S. Schall (712) 291-6807, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: ORDER APPOINTING

So Ordered


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13/34



14/34

E-FILED 2015 FEB 16 2:26 PM SAC - CLERK OF DISTRICT COURT


15/34


STATE OF IOWA

Plaintiff

VS

PATRICIA M HORTON

Defendant

02811 SRCR012750

ORDER

Defendant's motion to withdraw is sustained.

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16/34


Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: OTHER ORDER

So Ordered


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17/34

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012750

Plaintiff,

vs. TRIAL INFORMATION

PATRICIA MICHELLE HORTON,DOB: 11/14/1967 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, Patricia Michelle

Horton of the crime of ASSAULT ON PERSONS ENGAGED IN CERTAIN OCCUPATIONS, a

Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.3A(4) committed as

follows:

The said Defendant, Patricia Michelle Horton, on or about February 6, 2015 in the

County of Sac and State of Iowa, did unlawfully and willfully assault Deputy Joel Burns, a peace

officer, jailer, correctional staff, member or employee of board of parole, health care provider,

employee of the department of human services or firefighter, knowing that Deputy Joel Burns

was a peace officer, jailer, correctional staff, member or employee of board of parole, health

care provider, employee of the department of human services or firefighter.

A TRUE INFORMATION

Prosecuting Attorney

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


mailto:[email protected]:[email protected]


18/34

THE STATE OF IOWA vs. PATRICIA MICHELLE HORTON

Criminal No. SRCR012750

COUNT I: Assault on Persons Engaged in Certain Occupations

NAMES OF WITNESSES:

MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT



19/34


Type: Approval of Trial Information

Case Number Case Title

SRCR012750 STATE OF IOWA VS HORTON, PATRICIA M

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 2015-02-18 14:48:36 page 3 of 3



20/34

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs

PATRICIA M HORTON ,

Defendant.

Case No: 02811 SRCR012750

ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in 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 isscheduled on 03/04/2015 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



21/34


Type: ORDER FOR ARRAIGNMENT



So Ordered




22/34


STATE OF IOWA,

Plaintiff,

v.

PATRICIA M. HORTON,

Defendant.

No. SRCR012750

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On February 13, the parties conducted a Pretrial Conference, anticipating

an order for the same. The State of Iowa appeared by the Sac County Attorney,

Ben Smith. Defendant, after executing the “ pro se” waiver, and after her court-appointed attorney, Jim Schall, informed the undersigned he planned to

withdraw from the matter, Defendant appeared pro se. The parties, through the

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 the

minimum fine and all applicable costs, and the State has agreed to dismiss the

companion citation filed in SMCR012751, and recommend to the Court that

Defendant be placed on informal probation through the Sac County Probation

Office. Further, Defendant intends to submit a written guilty plea by March 4,

2015. Defendant intends to waive presence at sentencing. Defendant intends

to waive time between plea and sentencing.

__________________________

Benjamin John Smith

Sac County Attorney

Sac County Courthouse

100 NW State St., Suite 9

Sac City IA 50583

Telephone: 712-662-4791

Email: [email protected]



23/34


STATE OF IOWA,

Plaintiff, vs.

PATRICIA M HORTON ,

Defendant.

02811 SRCR012750

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 03/04/2015 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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24/34


Case Number Case TitleSRCR012750 STATE OF IOWA VS HORTON, PATRICIA MType: OTHER ORDER

So Ordered


2 of 2



25/34

I N T H E I O W A D I S T R I C T C O U R T IN A N D F O R

S A C C O U N T Y

^

o

tn

T A T E O F I O W A , *

Plaintiff No. SRCRO12750 ^

tn

?°

PO

vs.

WRITTEN ARRAIGNMENT

cTi FgS

PATRICIA

M I C H E L L E HORTON PLEA OF

NOT

GUILTY » S§=^

Defendant.

*

ProSe

oo _

o

C O M E S

N O W the

Defendant in

the above-captioned

criminal

case and under oath

states:

1. I have been

informed

of

my

right to be represented by an

Attorney,

and decline to be

represented by an attorney and I

wish

to proceed

ProSe.

2.

M y

current

mailing

and residence addresses and telephone number are:

Address:

M X

L M f c - f e K j J ^

I \2.

Telephone:

3.1 can read and understand English language and have completed the following level of

education:

4.

I have been advised by the Sac County Attorney and understand that I have a right to

arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this

Written Arraignment

and

Plea

o f

Not

Guilty.

I understand

that

times

for

further

proceedings

which

are computed from the

date

of arraignment

wi l l

be computed from the

date

of

filing

this Written Arraignment

and Plea

o f

Not

Guilty.

5.

I have received a copy of the

Trial

Information

which

charges me

with

the crime of

A S S A U L T

ON P E R S O N S

E N G A G E D

IN

C E R T A I N

O C C U P A T I O N S a S E R I O U S

M I S D E M E A N O R in

violation

oflowa Code Sections 708.1 and 708.3A(4). I have read

it and I have

familiarized myself

with it contents.

6. W ith regard to the name by

which

I am charged in the

Trial Information

(either check a

or

check and complete b ):

(i^a. The name on the Trial

Information

is my true name. I have been

advised

and

understand that I am now precluded from

objecting

to the Trial

Information

upon the

grounds

that

I am

improperly

named.

( ) b. The name

shown

on the Trial

Information

is not my true name.

M y

true name

is . I request that an entry be made in the

minutes showing my true name. I have been advised and understand further

proceedings

wil l be had against me by

that

true name, the

Trial Information

w i ll be


26/34

amended accordingly, and when the

Trial

Information is so amended, I

w i l l

be

precluded from

objecting

upon the grounds I am improperly named.

7.

I have advised and understand

that

I may plead guilty, not guilty or former conviction or

acquittal.

8. For the purpose of

this

arraignment, I have had

sufficient

time to contemplate my case,

and

I

waive

any

further

time in

which

to enter a

plea.

9.

I plead

N O T G U I L T Y

to the charge,

in

paragraph

5

above.

10.

I have been advised and understand

that

I have a right under Rule 27(2)(b) of the Iowa

Rules

of

Criminal

Procedure to a

trial within

ninety days/one year after the

filing

of the

Trial Information

and (check either

a

or b ):

(

) a. I demand a speedy

trial

pursuant to Rule 27(2)(b) and (c).

(i/fb^I waive

my right to a speedy

trial

pursuant to

Rule

27(2)(b) and (c).

11.

I request

that

a

trial date

be set pursuant to Rule

8. lo f

the

Iowa Rules o f Criminal

Procedure.

I

wi l l

be

available for trial

on the following

days:

.

Defendant,

Patricia

Michelle

Horton

ST A T E O F

Te^-,^

)

t £ ^ - C O U N TY

)

On

this J o day of /L 2015 before my the undersigned, a Notary

Public

in

and

for

said State,

personally

appeared

to me known to be the identical person named

in

and who executed the

foregoing

instrument,

and acknowledged

that she executed the same of

her voluntary

act and deed.

ary

PubTTc

in

and

for

the State of \ ^

Original e-filed

Copy

to:

Defendant

~

~

NAZIEH

A HAMED

My Commission Expires

October

28 2017

•

w


27/34

I N T H E I O W A DISTRICT C O U R T

IN

A N D FO R

S A C C O U N T Y

S T A T E OF I O W A

Plaintiff

vs.

PATRICIA

M I C H E L L E

H O R T O N

D O B : 11/14/1967

Defendant.

N o.

SRCR012750

G U I L T Y P L E A

(Serious Misdemeanor)

c n

ZS.

33

cn

o

cn

—i

w o

COUNT

I

I, the undersigned Defendant,

have carefully

read and

fully understand

the

following:

o

A.

I am charged with A S S A U L T ON

P E R S O N S

E N G A G E D IN C E R T A I N

O C C U P A T I O N S , in violation of Iowa Code Sections 708.1 and 708.3A(4), a Serious

Misdemeanor; and I hereby

request

that my plea

o f guilty

to the

charge

be

entered

o f

record.

B . The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one

year in jail, and a fine of not more than $1,875.00 plus statutory surcharges, plus all court

costs and all costs and

fees

incurred for legal assistance. There is a minimum fine of $315.00,

plus a 35% surcharge in the amount of $110.25, which is immediately due on the date of

sentencing unless a payment plan is approved by the Court within thirty days of the Judgment

entry. In addition, if the charge is a

violation

oflowa Code Chapters, 124, 155A, 453B, 713,

714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an additional

L aw Enforcement Initiative surcharge of

$125.

I acknowledge that, the Court may order me

to perform community service work if the Court is of the opinion that community service

work will deter and discourage others from similar criminal activity. (The

rate

at which

community service shall be calculated

against

my

fine

shall be the federal minimum wage.) In

addition, I may be required to pay correctional

fees

for incarceration and enrollment

fees

for

probation. I am

aware

that sentencing options may include deferral of Judgment and

Sentence, the

grant o f

probation and the suspension of the

sentence

imposed.

C. I understand that, a criminal

conviction,

deferred judgment or deferred sentence may affect my

status under federal immigration laws.

D. If I plead not guilty, I would be entitled to the following rights. I give up these rights by

pleading guilty:

(1) The right to a speedy and public trial by a jury o f twelve people.

(2) The right to have an attorney represent me at trial and, if the Court found I was unable to

afford

an

attorney,

the Court

would,

at public

expense,

appoint an

attomey

to

represent

me.

(3)

At trial, I would be presumed innocent until such time, if ever, the

State

established my

guilt

beyond a reasonable doubt.

(4) At trial,

a

jury verdict of guilty would have to be unanimous.

(5) At trial, I would have the privilege against

self-incrimination,

that is, I cannot be forced to

testify, and if I choose not to testify, the State may not comment on the fact of my failure to

testify and, at my

request,

I would be entitled to a jury instruction stating

that

the jury could

not infer guilt from my failure to testify.

o

1


28/34

(6)

.

At trial, the

State

would have to confront me with witnesses upon whose testimony it

relied to obtain conviction, and I would have the right to cross examine those witnesses.

(7)

.

At trial, I would be entitled to

present

witnesses to testify on my behalf and to

compulsory

process

to

secure those

witnesses.

E. By

pleading guilty, there

will

not be a trial of

any

kind.

By

pleading guilty, I waive my right to

trial, and will be treated as i f l had been tried and found guilty by a jury.

F. The Court, in determining whether there is a factual basis for this plea of guilty, may make

such a determination by examining the Minutes of Testimony attached to the Trial

Information, by reviewing the investigative

reports

of law enforcement agents who have

investigated the offense, or by asking me or counsel to recite and summarize the material facts

that would be offered at trial.

The Court has the discretion to accept or reject any plea agreement

made

between the State

and myself. The plea

agreement

is: I

will

plead guilty to Count I, Assault on Persons

Engaged in Certain Occupations. The recommended

sentence

is thirty days in the Sac County

Jail, which will be suspended: with credit for time served. I will be placed on informal

probation to the Sac County Probation

Officer

for a period

of

one (1) year

from

the Judgment

entry date. I

will

pay a fine in the amount of $315.00. plus the 35% surcharge in the amount

of $110.25, and court costs; to be paid as approved in the Sac County Standard Probation

Agreement. The plea

agreement

includes the recommendation, by the County Attorney, for

dismissal of the companion complaint SMCRO12751, with court costs

assessed

to the

defendant.

This plea agreement includes that I will be responsible to pay court costs, payment of all

costs and

fees

incurred for legal

assistance, victim

restitution, correction (jail) fee for any

jail

time and

all

surcharges and mandatory punishments (see paragraph B) applicable to my case.

I now state to the Court that I am, in fact G U I L T Y and that no threats or promises have been

made

to induce me to

enter

my plea of

guilty.

I have

been

informed

that

the elements of the

crime are: Assault is anv act which is intended to

cause

pain or injury to, or which is

intended to result in physical contact which

will

be insulting or offensive to

another,

with the ability to execute such an act, and the act was committed upon a uniformed

peace

officer,

while knowing the person was a peace

officer.

I understand

the

nature o f

the

charge against

me.

G .

This

offense

was

committed

by me in Sac

County

Iowa by my

doing

the

following:

I did on

or about the 6

th

dav of February 2015 at 100 NW State St in Sac Citv

lowa unlawfully

and willfully assault

Joel

Burns a uniformed peace

officer

who is employed bv the

Sac

Countv Sheriffs Department

while

knowing

that

Joel Burns

was a

peace officer

by

striking Deputy Burns

in the

face.

I

hereby state that I submit this written plea

of guilty

with full knowledge and waiver of

my

rights

and I do so freely and voluntarily. No threats

have been made against

me to obtain this guilty

plea. No promises of leniency or favorable

treatment

have

been

made, except for any plea bargain

disclosed to the Court at the time of this guilty plea.

H . If the Court

accepts

my plea of guilty, I realize:

(1). The Court will set a sentencing date not less than fifteen days after the date of its

acceptance ofthis guilty plea unless I waive this right. In order to

contest

this plea of

guilty,

I


29/34

must file a

Motion

in Arrest of Judgment at least

five

days prior to sentencing. The right to

file a

Motion

in Arrest of Judgment will be

waived

by having the Court impose a sentence

o

today.

2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty,

and I will be giving up my right to directly appeal my guilty plea.

I

ask the Court to accept this plea of guilty. I waive the preceding rights and

my

right to have

the Court address me

personally.

WAIVER OF

MOTI ON IN ARREST

OF

J U D G M E N T

If the Court accepts my

plea

o f guilty, I wish to be sentenced now. I understand

that:

1. In order to contest this plea of guilty, I must file a M otion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of

judgment, and

that

the Court will set a sentencing

date

not less than

fifteen

days after the

date

of its acceptance of this guilty plea unless I waive this right, and the right to file a

Motion

in

Arrest

of Judgment will be

waived

by

having

the Court impose a sentence now.

2. By

having

the Court impose my sentence now, I will never be able to challenge this plea of

guilty and I will be

giving

up my right to

directly

appeal my guilty plea.

I hereby request the Court sentence me now and I waive any time to which I may be entitled

for sentencing at a later

date.

WAIVER OF

RIGHT

TO BE

PRESENT

I have been fully advised

that

I have a constitutional right to be present at my sentencing

and present evidence in my own

behalf.

I understand

that

it is my

choice

to be present or not, and

that

no one can exclude me

rom

sentencing.

With

th e

above

in

mind

and

further understanding that my decision whether to

b e

present

or

not

is

my

own

decision hereby knowingly

and

voluntarily waive

th e

right to

b e

present at my

sentencing.

\J

it, Patricia M ichelle Horton

STATE O ~fZjG\


30/34

1


STATE OF IOWA,

Plaintiff,

v.

PATRICIA MICHELLE HORTON,

Defendant.

SRCR012!0

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

DATE: Ma"#$ 1, 201!

CHARGE: A%%a&lt 'n Pe"%'n% En(a(ed in Ce"tain O##&)ati'n%, a %e"i'&%*i%de*ean'", in vi'lati'n 'f I'+a C'de 0-.1 and 0-.A/

Defendant $a% filed a +"itten (&ilt )lea and a +aive" 'f Defendant3% "i($t t' 4e)"e%ent f'" %enten#in(. Defendant a%5% t$at t$e )lea t' t$e a4've #$a"(e 4e a##e)tedand t$at %enten#e 4e i*)'%ed )&"%&ant t' t$e )lea a""an(e*ent a("eed &)'n 4 t$e)a"tie% +it$'&t t$e f'"*alit 'f t$e "e#'"d "e6&i"ed 4 R&le% 2.- and 2.10 'f t$e I'+aR&le% 'f C"i*inal P"'#ed&"e.

T$e C'&"t $e"e4 inf'"*% Defendant t$at Defendant3% )lea 'f (&ilt t' t$ea4've7"efe"en#ed #$a"(e i% a##e)ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i% ad8&di#ated (&ilt 'f t$e a4've7de%#"i4ed #"i*e and)&"%&ant t' I'+a C'de Se#ti'n 90.1.

2. Defendant i% $e"e4 %enten#ed a% f'll'+%:a. Defendant %$all )a finan#ial '4li(ati'n% a% f'll'+%:

/1 a fine in t$e %&* 'f ;1!.00</2 a != %&"#$a"(e 'f ;110.2!</ "e%tit&ti'n in an a*'&nt t' 4e dete"*ined at a late" ti*e.

T$e State %$all file a %tate*ent 'f )e#&nia" da*a(e% +it$in0 da% 'f t'da3% date, '" n' "e%tit&ti'n %$all 4e '"de"ed.>)'n filin( 'f %$ a %tate*ent, t$e a*'&nt #lai*ed in t$e%tate*ent %$all 4e #'n%ide"ed t' 4e '"de"ed t' 4e )aid&nle%% Defendant '48e#t% t' t$e #lai*ed a*'&nt 4 filin( an'48e#ti'n +it$in 10 da% 'f t$e filin( 'f t$e %tate*ent. Int$at event, t$e C'&"t %$all i%%&e an '"de" e%ta4li%$in( t$e"e%tit&ti'n a*'&nt, +it$ '" +it$'&t a $ea"in( a% t$e C'&"tdee*% a))"')"iate< and

/ t$e #'&"t #'%t% 'f t$i% a#ti'n.

E-FILED 2015 MAR 18 9:16 AM SAC - CLERK OF DISTRICT COURT


31/34

2

Defendant %$all )a all finan#ial '4li(ati'n% '+ed t' t$e Cle"5 'fC'&"t 'f t$i% #'&nt '" 'nline at +++.i'+a#'&"t%.('v. Defendant%$all )a finan#ial '4li(ati'n% 4 +a 'f a )lan 'f )a*entdevel')ed 4 t$e Sa# C'&nt P"'4ati'n Offi#e


32/34

3

%enten#in( "e#'**endati'n 'f t$e )a"tie%.. Defendant $a% a %tat&t'" "i($t t' a))eal 4 filin( +"itten n'ti#e 'f a))eal

+it$ t$e Cle"5 'f C'&"t 'f t$i% #'&nt +it$in 0 da% 'f t$e date 'f t$e%e )"'#eedin(%.If Defendant i% &na4le t' )a t$e #'%t% 'f a))eal, Defendant *a a))l t' t$e C'&"t f'"a))'int*ent 'f #'&n%el and t$e f&"ni%$in( 'f a t"an%#"i)t 'f t$e eviden#e a% )"'vided in

I'+a C'de Se#ti'n% -1.9 and -1.11. Filin( a n'ti#e 'f a))eal +it$in t$e ti*e and int$e *anne" %)e#ified in I'+a R&le 'f A))ellate P"'#ed&"e ?.101 i% 8&"i%di#ti'nal andfail&"e t' #'*)l +it$ t$e%e )"'vi%i'n% %$all )"e#l&de Defendant3% "i($t 'f a))eal.

!. A))eal 'nd i% %et in t$e %&* 'f ;2,000.00, #a%$ '" %&"et.?. An #a%$ 4ail )'%ted 4 Defendant '" 'n Defendant3% 4e$alf 4 a t$i"d

)a"t t$at $a% a#5n'+led(ed '" a("eed t$at t$e *'ne )'%ted #an 4e a))lied t'+a"dDefendant3% finan#ial '4li(ati'n% %$all 4e a))lied t'+a"d Defendant3% finan#ial'4li(ati'n%. All #a%$ 4ail "e*ainin(, if an, afte" )a*ent 'f Defendant3% finan#ial'4li(ati'n% and all #a%$ 4ail )'%ted 4 a t$i"d )a"t t$at $a% n't a#5n'+led(ed '"a("eed t$at t$e *'ne )'%ted #an 4e a))lied t'+a"d Defendant3% finan#ial '4li(ati'n%i% $e"e4 e'ne"ated and %$all 4e "et&"ned t' t$e )e"%'n )'%tin( t$e #a%$ 4ail. All n'n7#a%$ 4ail 4'nd% )'%ted, if an, a"e $e"e4 e'ne"ated.

. IT IS F>RTHER ORDERED t$at Ca%e N'. SMCR012!1 i% di%*i%%ed &)'n*'ti'n 'f t$e #'&nt att'"ne and )&"%&ant t' )lea a("ee*ent. C'%t% a"e taed t' t$eDefendant.

Cle"# Shall F"nish Copies To: C'&nt Att'"neDefen%e C'&n%elC'&nt S$e"iff



33/34


Type: OTHER ORDER



So Ordered




34/34


srcr012750 - nemaha woman pleads guilty to assault on persons engaged in certain occupations.pdf

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