Auburn Man Convicted of No Valid Driving License

7/29/2019 Auburn Man Convicted of No Valid Driving License

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E-FILED 2013 JUN 16 2:19 AM SAC - CLERK OF DISTRICT COURT


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

M A G I S T R A T E DI V I S I ONS T A T E OF I O W A , :

Plaintiff M A G I S T R A T E NO

20I3.IUUH Art 9 ' 3 U

vs.

O n this ' 6 d a y o f ^ ^ , 2 0 t .

I N I T I A L A P P E A R A N C E

V I I mi s u a j ui , , l l i c i s c i c u u a i i l I I ^I a p p e a l a u s m i t n i t / undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While '{v?l/0 K f ointoxicated offense, being a violation of Section 2 NJ < < f of the Code of Iowa.

The Court advises the Defendant as follows:That he/she has the right to remain silent. That any statement made by the Defendant can andwould 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. .

That he/she is charged with a violation of Section ->


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6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to apreliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Tria l Informationmay be filed by the County Attorney of this county.

7. The Defendants informed of his/her rights to a preliminary hearing and preliminary hearing is: '_ ^ _ \ V a i v e d

Set fo r the day of 20 , at A . M . in theMagistrate Courtroom, Courthouse, Sac Ci ty , Sac County, Iowa.If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791before attending this hearing to determine whether or not it wi l l be held.8. IF Y O U H A V E N O T B E E N F I N G E R P R IN T E D A N D P H O T O G R A P H E D F O R T H I SO F F E N S E , Y O U M U S T R E P O R T TO T H E S A C C O U N T Y S H E R I F F 'S D E P A R T M E N T W I T H I N 10 D A Y SF R O M T H I S D A T E TO DO SO. IF D E F E N D A N T H A S NOT P R E S E N T E D T H E M S E L V E S W I T H I N 10D A Y S F R O M T H I S D A T E , THE SAC C O U N T Y S H E R I F F' S D E P A R T M E N T IS O R D E R E D AT HISC O N V E N I E N C E T O P I C K U P D E F E N D A N T TO B E P H O T O G R A P H E D A N D F I N G E R P R I N T E D .

If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district A D A coordinator at (641) 42JL-0990. (If yo u are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.)

WarreiTE/^usU^Joseph J. Heidenreich, Judicial MagistrateCopies to:County AttorneyDefendantSac County Sheriff

S .


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012327

Plaintiff,

vs. TRIAL INFORMATION

CRAIG DARWIN PRESLEY,DOB: 11/27/1960

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, Craig Darwin Presley

of the crime ofDRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER

CHAPTER 321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed

as follows:

The said Defendant, Craig Darwin Presley, on or about June 16, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his motor

vehicle license was denied or revoked under Iowa Code Chapter 321J.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834

Sac 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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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

SRCR012327 STATE VS CRAIG DARWIN PRESLEY

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 2013-07-23 09:16:12 page 2 of 2

E-FILED 2013 JUL 23 9:15 AM SAC - CLERK OF DISTRICT COURT


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Plaintiff,

vs.CRAIG DARWIN PRESLEY

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, Sac County Sheriff's Department

KIM SNOOK, DIRECTOR, Office of Driver Services, Iowa Department of Transportation

E-FILED 2013 JUL 22 6:26 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

CRAIG DARWIN PRESLEY,Defendant.

CRIMINAL NO. SRCR012327

ORDER SET ARRAIGNMENT

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter

have 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 theSac County Courthouse, District Courtroom, Sac City, Iowa on the 13th day ofAugust2013at 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 JudicialDistrict Department of Correctional Services.Other:

E-FILED 2013 JUL 23 9:15 AM SAC - CLERK OF DISTRICT COURT


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Type: ORDER FOR ARRAIGNMENT



So Ordered



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IOWA DISTRICTCOURT FOR SAC COUNTYDISTRICT (JOURIOSAC COUNTYFILED

STATE O F I O W A , 2013 AUG 13 ftH 8PLAINTIFF N O

vs. A P P L I C A T I O N T O W A I V EA T T O R N E Y A N D PR O C E E D ( P R O SE )

D E F E N D A N T

In su pport o f my appl ica t ion to wa ive at torney I s ta te :1. I kno w I have a right to be represen ted by an at torney in th is case

and that ifIcannot a f ford to h i re an at torney, the Court would appointcounse l for m e, w itho ut any in i t ia l costs on my part. I furth er real izethat I wo uld u l t imate ly have to re imburs e the State for thos e expen ses .

2. I know that an at torn ey wo uld rep resen t my in terest in a l l courtproceedings and wo uld be ava i lab le to ans we r ques t ions for m e. I amaware that there may be defens es to the charges against me that I as anon-law yer m ay not be aw are of. I know a lawye r would g ive me theopportun i ty to obta in an independent op in ion on how to proceed anddefend the case against me.

3. I know the C ounty At torn ey and h is s ta f f do not repres ent me butra ther are resp ons ib le for pros ecut ing me. I know that I can not relyupon the C ounty At to rne y for legal adv ice.

4 . Hav ing cons idered my right to counse l , t o g e th e r with the risk anddisadvantages of procee ding wi th out an at torne y, I wa nt to repre sen tmys el f and I wan t to w aive m y right to an at torney.

Dated this

Defendant


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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.CRAIG DARWIN PRESLEY ,

DEFENDANT.

Case No. 02811 SRCR012327

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onAugust 13, 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 Pro Se.

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 September 24,2013, at 9:00 a.m.

If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State 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 AUG 13 10:51 AM SAC - CLERK OF DISTRICT COURT


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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYCRAIG DARWIN PRESLEY

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Case Number Case TitleSRCR012327 STATE VS CRAIG DARWIN PRESLEY

Type: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2013-08-13 10:51:10

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IN T H E IOWA DISTRICT COURT FO R SAC COUN T YS T A T E O F I O W A , *

Plaintiff, *vs . *C R A I G D A R W I N P R E S L E Y , *

Defendant. *

No. SRCR012327 ~WRIT T E N A RRA IGN ME N T t JP L E A OF NOT GUILTY gProSe o

cn

C O M E S N O W the Defendant in the above-captioned criminal case and under oathstates:1. I have been informed of my right to be represented by an Attorney, and decline tobe represented by an attorney and I wish to proceed ProSe.2. M y current mailing and residence addresses and telephone number are:

1IA ITS IMy date of birth is S7_J\/ou_.l \b 0

3. I can read and understand English language and have completeckthe followinglevel of education: W S (A (vl A z < x ^ ' S / Pur .

4.1 have been advised by the Sac County Attorney and understand that I have a rightto arraignment in open Court, and I voluntarily waive the right, choosing instead tosign this Written Arraignment and Plea of Not Guilty. I understand that times forfurther proceedings which are computed from the date of arraignment will becomputed from the date of filing this Written Arraignment and Plea of Not Guilty.5. I have received a copy of the Trial Information which charges me with the crimeof DUS -- 321J D R I V I N G W H I L E R E V O K E D (DWR) a S E R I O U SM I S D E M E A N O R in violation of Iowa CodeSection 321J.21. I have read it and Ihave familiarized myself with it contents.6. With regard to the name by which I am charged in the Trial Information (eithercheck "a" or check and complete "b"):( ) 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 Informationupon the grounds that I am improperly named.

( ) b. The name shown ti the Trial Information is not my true name. M y true nameis ^^^tfG^ss&tcF I request that an entry be made in theminutes showing my true name. I have been advised and understand further


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proceedings will be had against me by that true name, the Trial Informationwill be amended accordingly, and when the Trial Information is so amended, Iwill 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 formerconviction or acquittal.8. For the purpose of this arraignment, I have had sufficient time to contemplate mycase, and I waive any further time in which to enter a plea.9. I plead N OT G U I L T Y to the charge in paragraph 5 above.10.1 have been advised and understand that I have a right under Rule 27(2)(b) of theIowa Rules of Criminal Procedure to a trial within ninety days/one year after thefiling of the Trial Information and (check either "a" or "b"):

( l>fa^Tdemand a speedy trial pursuant to Rule 27(2)(b) and (c).( ) b. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

If. I request that a trial date be set pursuant to Rule 8.1 of the Iowa Rules ofCriminal Procedure. I will be available for trial on the following days: .

Defendant, Craig Darwin Presley

S T A T E OF IOWA )) SSSA C C O U N T Y )On this day of Q U f l j )&3r , 2013, before my the undersigned, a

Notary Publican and for said Stated personally appeared(jOticj Y < Q A M ) , to me

known to be the identical person named in and who executed the foregoing instrument,and acknowledged that he executed the same of his voluntary act and deed.

Notary Pubhp in and for the%tate oflowa

Original e-filedCopy to be provided to:

Sac County AttorneyDefendant

SH EL L EY BASSOaifc of DbMct Court - DesigneeSac County


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STATE OF IOWA, No. SRCR012327Plaintiff,

REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIAL

INFORMATION

CRAIG DARWIN PRESLEY,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on the

Defendant.

2. Substantial rights of the defendant are not prejudiced by the attached Amendment.

3. A wholly new and different offense is not being charged.

4. As part of a Plea Agreement, Defendant is pleading to the charge of:

Count I: NO VALID DRIVERS LICENSE, in violation of Iowa Code Section321.174(1), a Scheduled violation.

5. A copy of the amended and substituted Trial Information is attached.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted

and amended Trial Information.

/s/Benjamin John Smith

Prosecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse

100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Fax: 712-662-4123

Email: [email protected] to: PROOF OF SERVICEThe undersigned certifies that the foregoing

instrument was served upon all parties to the above cause

to each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on September 13, 2013,

by: [ ] U.S. Mail [ ] Fax

[ x ] Hand Delivered to Defendant

Signature: /s/Norma Hecht

E-FILED 2013 SEP 13 11:23 AM SAC - CLERK OF DISTRICT COURT


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Plaintiff, AMENDED

vs. TRIAL INFORMATION


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, Craig Darwin Presley

of the crime ofNO VALID DRIVERS LICENSE in violation of Iowa Code Section

321.174(1), a scheduled violation.

The said Defendant, Craig Darwin Presley, on or about June 16, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a public

highway without a valid operators license.

A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2013 SEP 13 11:23 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA, No. SRCR012327Plaintiff,

ORDER PERMITTING

vs. AMENDED TRIAL

INFORMATION

CRAIG DARWIN PRESLEY,

Defendant.

The matter of the State of Iowas Request for Leave of Court to Amend Trial

Information comes on before the Court and the Court upon examination of the files andrecords herein finds that the amendment will not materially change the issues nor work

any hardships on the Defendant, and that said Trial Information as amended has been

examined by me and found to contain sufficient evidence, if unexplained, to warrant a

convictions by a trial jury; the filing of this amended Trial Information is hereby

approved.

E-FILED 2013 SEP 13 12:08 PM SAC - CLERK OF DISTRICT COURT


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Type: OTHER ORDER



So Ordered




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DISTRICT COURT OF IOWASAC COUNTYIN T H E IOWA DISTRICT COURT FOR SAC COUNTY FILEDS T A T E OF IOWAPlaintiff vs.

No. SRCRC2327 2013SEP 13 PM1=vs. GUILTY PLEA-Amended

CRAIG DARWIN P R ESEL Y,DOB: 11-27-1960Defendant.

II

C O U N T II, the undersigned Defendant, have carefully read and fully understand the following:

I am charged with DRIVING W HILE LICENSE W AS DENIED OR R E V O K E D U N D E RC H A P T E R 321J, a Serious Misdemeanor, in violation oflowa Code Section 321 J.21. Inconjunctionwith a Plea Agreement made with the Sac County Attorney whereby he will amend Count Ito a charge of N O V A L I D D R I V E R ' S L I C E N S E a violation oflowa Code Section 321.174(1), ascheduled violation. 1 now request that my plea of not guilty be changed to a Plea of Guilty to theamended charge.A . The maximum punishment for a Simple Misdemeanor is imprisonment of not more than

thirty days in jail, and a fine of not more than $625.00 plus statutory surcharges, plus all courtcosts and all costs and fees incurred for legal assistance.For this scheduled violation, there is a fine of $200.00, which is immediately due on thedate of sentencing, unless a payment plan has been entered within 30 days of the judgmentdate. 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 additionalsurcharge of $125. The County Enforcement surcharge of $5.00 also applies.

I acknowledge that, the Court may order me to perform community service work, if theCourt is of the opinion that community service work will deter and discourage others fromsimilar criminal activity. (The rate at which community service shall be calculated againstmy fine shall be the federal minimum wage.) In addition, I may be required to paycorrectional fees for incarceration and enrollment fees for probation. I am aware thatsentencing options may include deferral of Judgment and Sentence, the grant of probationand the suspension of the sentence imposed.

B . I understand that, a criminal conviction, deferred judgment or deferred sentence may affectmy status under federal immigration laws.

C. If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1) . The right to a speedy and public trial by a jury of twelve people.(2) . The right to have an attorney represent me at trial and, if the Court found I was unable toaffordan attorney, the Court would, at public expense, appoint an attorney to represent me.(3) . At trial, I would be presumed innocent until such time, if ever; the State established myguilt beyond a reasonable doubt.(4). At trial, a jury verdict of guilty would have to be unanimous.

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(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and i f l choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied 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 tocompulsory process to secure those witnesses.

D. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my rightto trial, and will be treated as i f l had been tried and found guilty by a jury.E. 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 TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the materialfacts that would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand myself. The plea agreement is: The Countv Attorney will amend the charge to No ValidDriver's and I will plead guilty to the amended charge. I will pay the scheduled fine of$200.00. plus the 35% surcharge, the $5.00 Countv Enforcement surcharge and $100.00 incourt costs; to be paid as ordered by the court.

This plea agreement includes that I will be responsible to pay courtcosts, paymentof allcosts and fees incurred for legal assistance, victim restitution,correction (jail) fee for any jailtime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.I now state to the Courtthat I am, in fact GUILTY and thatno threats orpromises have beenmade to induce me to enter my plea of guilty. I have been informed that the elements of thecrime are: A person operates a motor vehicle on a public roadway without a validoperator's license.I understand the nature of the charge against me.This offense was committed by me in Sac County Iowaby my doingthe following: I didon or about the 16h day of June 2013, operate a motor vehicle on a public roadwaywithout a valid operator's license.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtain this guiltyplea. No promises of leniency or favorable treatment have been made, except for any pleabargain disclosed to the Court at the time of this guilty plea.F. 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 itsacceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a Motion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Motion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.(2) . If the Court imposes a sentence today, I will never be able to challenge this plea ofguilty, and I will be giving up my right to directly appeal my guilty plea.

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I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to havethe Court address me personally.

WAIVER OF MOTION IN ARRE S T OF J UD GME NTIf the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no laterthan 45 days after a plea of guilty and no later than 5 days prior to pronouncement ofjudgment, and that the Court will set a sentencing date not less than fifteen days after thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion 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 pleaof 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 entitledfor sentencing at a later date.

WAIVER OF RIGHT TO BE PRESENTI have been fully advised that I have a constitutional right to be present at my sentencingand 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 fromsentencing.With the above in mind, and further understanding that my decision whether to be present

or not is my own decision, I hereby knowingly and^v luntarily waive the-right to be present at mysentencing.

Defendant, Craig Darwin Presley

STATE OF IOWASAC COUNTY

)) SS)

O n this /j?* day of u&rf'ih>j[}*\_State, personally appeared / f '/'n i a Qt2013, before me the undersigned, a Notary Public in and for said

^ / " U / ' i V l Pfeslrv, , to me known to be the identicalperson named in and who executed the foregoing instrument, and aclcnowledged that he executed the same of hisvoluntary act and deed.

~/lr/7.^ itter /Notary Public in and for the State of Iowa

ft 3 *N O R M A Q H E C H TCommission Number 740327

MY COMMISSION E XPIRES

3


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STATE OF IOWA, No. SRCR012327

Plaintiff,

vs. JUDGMENT ENTRY -AMENDED


Defendant.

COUNT I

This matter came on for sentencing. The State appears by Sac County Attorney

Benjamin John Smith and the Defendant appears without an attorney. The Court finds

that Defendant is advised concerning his right to have counsel. The Court specifically

finds Defendants waiver of counsel to be knowing, voluntary and intelligent. The Court

further finds that a plea agreement has been reached wherein the Defendant enters his

written plea of guilty to the amended charge ofNO VALID DRIVERS LICENSE in

violation of Iowa Code Section 321.174(1), a scheduled violation. Where upon, the

Court finds that the plea of guilty was entered into voluntarily and that the Defendant

understood his rights which he is waiving, including the right to trial by jury, the right to

call witnesses on his behalf, the right to confront and cross examine witnesses, and other

rights.

In exchange for the plea of guilty to the amended charge, the State has agreed to

amend the original charge. The Court approves the Plea Agreement. The States Motion

to Amend is hereby granted. Having entered a written plea of guilty and having been

found guilty, knows of no legal cause why judgment should not now be entered, and none

appears upon the record.

IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant

is convicted of the crime of NO VALID DRIVERS LICENSE in violation of Iowa

Code Section 321.174(1), a scheduled violation and is hereby sentenced under said code

section to:

X Defendant is Ordered to pay the scheduled fine of $200.00, plus the 35%

surcharge in the amount of$70.00, and the 5.00 County Enforcement Surcharge.

X Defendant shall pay the court costs in the amount of$100.00.



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X Defendant shall keep the Clerk of Court notified as to any change in address until

all obligations of this case have been completed.

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 1st

day of the month following this order and shall continue onthe 1stday 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 if a bond has been posted in the above matter, the Sac

County Clerk of District Court shall release the same.

Defendant is advised of the right to appeal this judgment and sentence and ofthe right to apply for appointment of appellate counsel and the furnishing of a transcript if

unable to pay the appeal costs. Defendant is also advised of the necessity to comply with

the statutory requirements in filing a notice of appeal. Defendants appeal bond is fixed

as $510.00.

Original e-filed, Copy to: Defendant

County Attorney



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Type: ORDER FOR JUDGMENT



So Ordered



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Auburn Man Convicted of No Valid Driving License