State v Matthew J. Wessels - Fecr012392 - Copy

8/13/2019 State v Matthew J. Wessels - Fecr012392 - Copy

1/34


2/34

E-FILED 2013 AUG 10 2:24 AM SAC - CLERK OF DISTRICT COURT


3/34

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

vs. MATTHEW J WESSELS , Defendant.

Case No: 02811 FECR012392

INITIAL APPEARANCE POSSESSION OF A CONTROLLED SUBSTANCE

Charges:01 - 124.401(1)(c) - CONTROLLED SUBSTANCE VIOL. (FELC)Defendant enters a not guilty plea to the accompanying possession of drug paraphenalia charge

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand would be used against him/her in a Court of Law. That he/she has the right to have an attorneypresent at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class C

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 10 Years Prison And/Or $fine of not less than 1,000 nor more than 50,000 You will lose your driver's license for a period of days.

1 of 3



4/34

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 any alcohol or illegal drugs during the pendency of this matter. (2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearingis: Waived Preliminary Hearing is scheduled on 08/26/2013 at 9:00 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 ANDFINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice. Copies to:County Attorney

The Court has provided a copy to the DefendantDefendantSac County Sheriff 2 of 3



5/34

State of Iowa Courts

Case Number Case TitleFECR012392 STATE VS MATTHEW J WESSELS

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-08-12 09:16:50

3 of 3



6/34



7/34

I N T H E I O WA DISTRICT C O U RT F O R Sac C O U N T Y

S TAT E O F I O WA or

Plaintiff/Petitioner,

Defendant/Respondent.

Criminal Civil

NO. Fecm\i^iF I N A N C I A L A F F I D AV I T / A P P L I C AT I O N

F O R A P P O I N T M E N T O F C O U N S E L

In support of my application fo r appointment of counsel, and under penalty of perjury, the undersigned states:

Name: ( ' \ (A J\A v ^ i & C X & Birth Date:

ipport of my application fo r ap

Home Phone: Cell Phone:

Street Address:

E-mail:

Street/P.O. Box

Pending charges: >r>j?t^ , P .

List what you ow n including money in banks cars trucks other vehicles land houses buildings cash or anything *else worth more than 100: L L Oirt U J \ / QD& \V Q> KC cdL ^ j L

I arnojmts yor^p^nion&lyJorrriPrtgag^^ child support, or any other debts: $3

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements I make in this application are trueand that I am unable to pay f or an attorney to represent me.

Date Signature

Rev. 1/6/12


8/34

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. MATTHEW J WESSELS ,

DEFENDANT.

02811 FECR012392

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 Robert Peterson, a contract attorney, is appointed.

1 of 2

E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT


9/34



Type: ORDER APPOINTING

So Ordered


2 of 2

E-FILED 2013 AUG 20 5:54 PM SAC - CLERK OF DISTRICT COURT


10/34

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

MATTHEW J. WESSELS,

DOB: 12/08/1980

Defendant.

Case No. FECR012392

TRIAL INFORMATION

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,Matthew J. Wessels (defendant) of the crime of POSSESSION OF ACONTROLLED SUBSTANCE (METHAMPHETAMINE) WITH INTENT TO DELIVER,a violation of Iowa Code section 124.401(1)(c)(6) a Class C Felony, committed asfollows: On or about August 9, 2013, the defendant knowingly possessedmethamphetamine, a controlled substance. The defendant knew that the substancehe possessed was methamphetamine. The defendant possessed the substance withthe intent to deliver the same.

A TRUE INFORMATION

/s/ Benjamin John SmithBenjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]
mailto:[email protected]:[email protected]


11/34


Type: Approval of Trial Information


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 2013-09-20 09:50:33 page 2 of 2

E-FILED 2013 SEP 20 9:50 AM SAC - CLERK OF DISTRICT COURT


12/34


STATE OF IOWA, CRIMINAL CAUSE NO. FECR012392 Plaintiff,

vs. MATTHEW WESSELS

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

ROYCE KEMMANN , OFFICER, LAKE VIEW/WALL LAKE POLICE DEPARTMENT

JEFF DARRYL CARTER

KATHLEEN KINSETH OR DESIGNEE, EVIDENCE TECHNICHIAN, IOWADEPARTMENT OF PUBLIC SAFETY DCI CRIMINALISTICS LABORATORY

AMY JOHNSON OR DESIGNEE, CRIMINALIST, IOWA DEPARTMENT OF PUBLICSAFETY DCI CRIMINALISTICS LABORATORY



13/34


STATE OF IOWA,Plaintiff,

VS.

MATTHEW J. WESSELS,Defendant.

CRIMINAL NO. FECR0 !"#!

ORDER SETTIN$ ARRAI$NMENT AND %OND

T&e TRIAL INFORMATION and t&e MINUTES OF EVIDENCE in t&i' (atte) &a*e+een e a(ined and f- nd t- /-ntain ' ffi/ient e*iden/e, if ne lained, t- 1a))ant a/-n*i/ti-n in a t)ial +2 3 )2, t&e)ef-)e, t&i' (atte) '&all +e 'et f-) A))ai4n(ent.

IT IS ORDERED, t&e Defendant '&all e)'-nall2 a ea) f-) A))ai4n(ent at t&e Sa/C- nt2 C- )t&- 'e, Di't)i/t C- )t)--(, Sa/ Cit2, I-1a -n t&e 5 t&da2 -f OCTO%ER !0 " at#600 a.(..

T&e Defendant i' ad*i'ed t&at fail )e t- a ea) 1ill )e' lt in t&e i'' an/e -f an a))e't1a))ant.

IT IS FURTHER ORDERED, t&e Defendant7' +-nd and /-nditi-n' f-) )elea'e f)-(/ 't-d2 in t&i' (atte) '&all +e6

Defendant i' )elea'ed -n e)'-nal )e/-4ni8an/e.

%-nd i' 'et in t&e a(- nt -f 9::::::::::::::::.%-nd (a2 +e n'e/ )ed.%-nd ( 't +e /a'& -) 'e/ )ed in t&e a(- nt -f t&e %-nd.0; /a'& (a2 +e -'ted.

%-nd )e*i- 'l2 'et '&all /-ntin e.Cle)< -f C- )t '&all i'' e a ' ((-n' f-) Defendant t- A ea).Cle)< -f C- )t '&all i'' e an a))e't 1a))ant.Ot&e) C-nditi-n' -f Relea'e6

Defendant '&all -+e2 all Fede)al, State, and L-/al la1'.

T&e Defendant '&all +e -n )e=t)ial ' e)*i'i-n t- t&e Se/-nd > di/ial Di't)i/tDe a)t(ent -f C-))e/ti-nal Se)*i/e'.



14/34


Type: ORDER FOR ARRAIGNMENT


So Ordered



15/34


STATE OF IOWA

Plaintiff

v

MATTHEW J. WESSELSDefendant.

Criminal No. FECR012392

WRITTEN ARRAIGNMENTAND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath

states:1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108

West 8 t St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are: 02 Summit St, WallLake, IA 51466 712-210-7726

3. I am _32 years old. I can read and understand the English language and have completed the

following level of education: p i 5

4. I have been advised by the above named attorney and understand that I have a right to

arraignment in open court, and I hereby voluntarily waive that right, choosing instead to sign this

written arraignment and plea of not guilty. I understand that times for further proceedingswhich are computed from the date of arraignment will be computed from the date of filing this

written arraignment and plea of not guilty.

5. I have received a copy of the indictment/trial information which charges me with the crime(s) of

Possession of a Controlled Substance (methamphetamine) with Intent to Deliver in violation of

Iowa Code section(s) 24.401(1)(c)(6) 2013). I have read it, and I have familiarized

myself with its contents.

6. With regard to the name by which I am charged in the indictment/trial information (either check

a or check and complete b ):] a. The name shown on the indictment/trial information is my true name. I have been

dvised and understand that I am now precluded from objecting to the indictment/trial

information upon the ground I am improperly named.

[ ] b. The name shown on the indictment/trial information is not my true name. My true name

is I request that an entry be made in the minutes

E-FILED 2013 OCT 03 8:34 PM SAC - CLERK OF DISTRICT COURT


16/34

certify acknowledgements and administer oaths.bo _ _ _ _ _ _ _ _ - _ -Notary pu lc or other officer authorized to take and

showing my true name. I have been advised and understand further proceedings will be hadagainst me by that name, the indictment/trial information will be amended accordingly, and

when the indictment/trial information is so amended I will be precluded from objecting upon the

ground I am improperly named.

7. I have been 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 discuss my case with the above

named attorney, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge(s) of Possession of a Controlled Substance

(methamphetamine) with intent to Deliver

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90

days after indictment/filing of trial information and [check either a or b ]:

[)14 a. I demand a speedy trial pursuant to rule 2.33(2)(b).

[ ] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b).

11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be

available for trial on the following days:

Defendant

State of Iowa Carroll County, ss.

Subscribed, sworn to and acknowledged before me by Matthew Wessels this20 j

ay of

[seal]ROBERT E. PETERSONCommission Number 7584 4

MY COMMSSIOVE2T 5ES

MAY 21



17/34


18/34

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2013 OCT 04 9:55 AM SAC - CLERK OF DISTRICT COURT


19/34


20/34

2RCR02


STATE OF IOWA,

PLAINTIFF,

vs. MATTHEW J WESSELS ,

DEFENDANT.

Case No. 02811 FECR012392

ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onOctober 3, 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 Robert Peterson. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case

shall commence on November 5, 2013 at 9 a.m.

IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 10/21/2013at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

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 maydepose 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.

1 of 3



21/34

CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEYROBERT EUGENE PETERSONDISTRICT COURT ADMINISTRATOR

2 of 3



22/34



Type: ORDER SETTING TRIAL

So Ordered


3 of 3



23/34


STATE OF IOWA

Plaintiff,

vs.

MATTHEW J WESSELS,

Defendant.

Criminal Number FECR012392

NOTICE OF DEPOSITION

The defendant, in the above captioned case, through the undersigned counsel, provides

notice that he intends to depose, according to Iowa Rule of Criminal Procedure 2.13, the

following individuals listed in the Trial Information filed on September 20, 2013:

Royce KemmannJeff Darryl CarterKathleen KinsethAmy Johnson

_/s/ Robert Peterson__________Robert E. Peterson, AT0009773Robert E. Peterson, Attorney at Law108 W 8 th St., PO Box 1144Carroll, IA 51401712-792-4485Fax: [email protected]



24/34

IN THE IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, No. FECR012392

Plaintiff,REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIALINFORMATION

MATTHEW J. WESSELS, 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 theDefendant.

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: Possession of Methamphetamine, a Schedule II Controlled Substance, FirstOffense, a Serious Misdemeanor in violation of Iowa Code Section 124.401(5).

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 substitutedand amended Trial Information.

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Copy 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 November 5, 2013 by: [ ] U.S. Mail [ x] email

[ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ ] EDMS

Signature: /s/Norma Hecht

E-FILED 2013 NOV 20 11:47 AM SAC - CLERK OF DISTRICT COURT


25/34


STATE OF IOWA, CRIMINAL CAUSE NO. FECR012392 Plaintiff,

AMENDED vs. TRIAL INFORMATION

MATTHEW J. WESSELS,DOB: 12/08/1980 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, Matthew Wessels of the crime of POSSESSION OF METHAMPHETAMINE, A SCHEDULE II CONTROLLED

SUBSTANCE, FIRST OFFENSE , a Serious Misdemeanor in violation of Iowa Code Section

124.401(5) committed as follows:

The said Defendant, Matthew Wessels, on or about August 9, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully knowingly or intentionally possess a controlled

substance, to-wit: Methamphetamine, a Schedule II Controlled Substance.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting AttorneySac County Attorney, Benjamin John Smith

AT0008834Sac County Courthouse100 NW State St., Suite 9Sac City IA 50583

Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2013 NOV 20 11:47 AM SAC - CLERK OF DISTRICT COURT


26/34


27/34


Type: OTHER ORDER


So Ordered


E-FILED 2013 NOV 20 3:33 PM SAC - CLERK OF DISTRICT COURT


28/34


STATE OF IOWA o. FECR012392Plaintiff

GUILTY PLEAS mended-Serious Misdemeanor

MATTHEW J. WESSELSDOB: 12/08/1980

Defendant.

COUNTI

I, the unde rsigned De fendant, have carefully read and fully u nderstand the follow ing:

I am charged w ith Posse ssion of a Controlled Su bstance (M ethamphe tam ine) w ith IntentDeliver a violation of Iow a Co de Section 124.401(1)(c)(6) a Class C Felony. In conjunction wa Plea Agreem ent m ade w ith the Sac Cou nty A ttorney w hereby he w ill am end Cou nt IPOSSESSION OF M ETHAM PHETAMINE, A SCHEDULE I I CONTROLLED SUBSTANFIRS T OF FEN SE , in violation of Iowa Co de S ection 124.401(5), a Serious M isdem eanor, anhereby req uest that my plea of guilty to the c harge be e ntered o f record.

A. The m aximum punishm ent for this crime is: For th e first offense, im prisonm ent of not mo re than six m onths in jail, and a fine of nom ore than 1,000.00 plus statutory surc harge s, plus all cou rt cos ts and all costs and feincurred for legal assistance. The surcharges include a 35% surcharge, a 125 LawEnforcem ent Initiative Surcharge and a 10.00 DAR E surch arge. Fine, costs, and surchar

are imm ediately du e o n the date of sentencing u nless a paym ent plan has been approved by cou rt within thirty day s of the jud gm ent entry date. The Co urt will also order the De partmof Transportation to rev oke Defendant's driver's license for 180 day s. This is in addition tany suspension or revoc ation of driving privileges I am presently se rving. The crim e of FOffense Possession of Co ntrolled Substance is a S erious M isdeme anor. In addition, for any Posse ssion of Controlled Su bstance conviction the C ou rt shconsider and m ay ord er de nial of certain Federal and com parable State benefits, suchasstudent loans, grants, contracts, professional or com m ercial license. This do es not incluretireme nt, welfare, So cial Secu rity, h ealth, d isability, veteran's benefits, public ho using osimilar benefits. w ill be requ ired to pay c orrectional fees for incarceration and enrollment fees foprobation. I am aware that sentencing o ptions m ay include deferral of sentence o f judgm ethe grant of probation and the su spension of sentence im posed . I understand I m ay be required to com plete a substance abuse ev aluation at m y owexpense . If ord ered , I w ill provide the ev aluation to the Co urt before I am sentenced . The Cou rt may order m e to participate in a reality educ ation substance abuse preventioprogram.

1



29/34


30/34

This plea agreem ent includes that I will be responsible to pay c ourt cos ts, paym ent of aco sts and fees incur red for legal assistance, victim restitution, co rrection (jail) fee for any jtime and all surch arges and m andatory punishm ents (see paragraph B) applicable to m y case

I now s tate to the Cou rt that I am , in fact GU ILT Y and that no threats or prom ises hav

been m ade to induce m e to enter my plea of guilty. I have been inform ed that the e lementsthe crime are:I did knowingly and intentionally knowingly or intentionally possess acontrolled substance to-wit: Methamphetamine A Schedule II Controlled Substanceunless such was obtained by valid prescription. I understand the nature o f the chargeagainst me.

This offense was comm itted by m e in Sac County Iowa by my d oing the following: 1 did onor about August 9 2013 possess a Schedule II Controlled Substance Methamphetaminein/at 308 West 3rd Street in Wall Lake

I hereby state that I subm it this w ritten plea of gu ilty w ith full knowledge and w aiver of mrights and I do so free ly and voluntarily. No threats have be en m ade against m e to obtain tguilty plea. No prom ises of leniency o r favorable treatm ent have been m ade, except for any pbargain disclosed to the Cou rt at the time of this guilty plea.

F. If the C ou rt accepts m y plea of gu ilty, I realize:(1). Th e C ourt w ill set a sentencing date not less than fifteen d ays after the date o f itacceptance of this gu ilty plea unless I w aive this right. In order to co ntest this plea of gu iltym ust file a M otion in Arre st of Judgm ent at least five days prior to sentencing. The right file a M otion in Arrest of Judgm ent will be w aived by having the C ourt impose a sentetoday.(2). If the C ou rt im poses a sentence tod ay, I will never be able to challenge this plea of guiland I will be giving up m y right to d irectly appeal my guilty plea.

I ask the Co urt to accept this plea of guilty. I w aive the preceding rights and m y right to hthe Cou rt address m e personally.

WAIVER OF MOTION IN ARREST OF JUDGMENTIf the C ou rt accepts m y plea of guilty, I wish to be sentenced no w . I unde rstand that:

1. In order to contest this plea of guilty, I m ust file a M otion in Arre st of Judgm ent no latthan 45 days after a plea of guilty and no later than 5 days prior to prono unce m ent jud gm ent, and that the Co urt w ill set a sentencing date not less than fifteen day s after thdate of its acceptance o f this guilty plea u nless I w aive this right, and the righ t to fileM otion in Arrest of Judgm ent will be waived by h aving the Co urt impose a sentence now

2. By h aving the C ourt impose m y sentence now , I w ill never be able to challenge this pleaguilty and I will be giving up m y right to d irectly appeal my guilty plea.

I hereby req uest the Cou rt sentence m e now and I waive any tim e to wh ich I may be entitfor sentencing at a later date.



31/34

M atthew Wess efendant

WAIVER OF RIGHT TO BE PRESENT

I have b een fully advised that I hav e a constitutional right to be present at my s entencinand present evidence in m y ow n behalf. I unde rstand that it is m y ch oice to be present or not, athat no one can exc lude m e from sentencing.

W ith the above in m ind, and further understanding that m y d ecision w hether to be preseor not is m y o w n decision, I hereby know ingly and vo luntarily w aive the right to be present atsentencing.

Ro bert . Peterson, De fendant's Attorney

STATE OF IOWA) SS

SAC COUNTY

On this 20 day of t t . 1L2013 before m e the undersigned, a Notary Publicin and for s aid State, personally appearedP yrkeel.) L(De s, (sto m e know n to be the identical person nam ed in and wh o ex ecuted the foregoing instrument, aacknowledged that he ex ecuted the sam e of his voluntary act and de ed.

No tary Public in and for the State of Iowa

4



32/34

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, No. FECR012392

Plaintiff!. "UD#$ENT ENTRYMATTHEW J. WESSELS, SERIOUS $ISDE$EANOR

DO%& 12'0('19(0D)f)n*ant.

COUNT I

BE IT REMEMBERED t+at t+i! att)- a ) on fo- !)nt)n in/. T+) Stat) i!-) -)!)nt)* Sa Co nt Atto-n) %)n4a in "o+n S it+, an* D)f)n*ant i! -) -)!)nt)*

an* a )a-! Atto-n) at 5a6 Ro )-t E. P)t)-!on. T+) a-ti)! info- t+) Co -t t+ata l)a a/-)) )nt +a! ))n -)a +)* 6+)-)in t+) D)f)n*ant )nt)-! +i! 6-itt)n l)a of / iltto t+) +a-/) of Possession of Metham hetamine, a S!he"#$e II Cont%o$$e"S#&stan!e, 'i%st Offense, a Se%io#s Mis"emeano%, in (io$ation of Io)a Co"e Se!tion

*+ . -* /0. In )7 +an/) fo- t+) l)a of / ilt to t+) a )n*)* +a-/), t+) Stat) +a!a/-))* to a )n* t+) o-i/inal +a-/) a! )ntion)* a o ). T+) Stat)8! $otion to A )n*i! +)-) /-ant)*. Ha in/ fil)* a 6-itt)n l)a of / ilt +)-)in, 6+i + +a! ))n -) i)6)*

t+i! Co -t an* i! in o- o-at)* +)-)in t+i! -)f)-)n ), no6! of no l)/al a !) 6+ 4 */ )nt !+o l* not no6 ) )nt)-)*, an* non) a )a-! on t+) -) o-*. T+) Co -t,t+)-)fo-), a ) t! t+) D)f)n*ant8! l)a of # ilt an* fin*! t+at t+) D)f)n*ant i! / ilt ofPOSSESSION O' METHAMPHETAMINE, A SCHEDULE II CONTROLLEDSUBSTANCE, 'IRST O''ENSE, a Se%io#s Mis"emeano%, in (io$ation of Io)aCo"e Se!tion *+ . -* /0.

IT IS THERE'ORE THE JUD1MENT AND SENTENCE O' THE

COURT , -! ant to S) tion! 12:.:01;


33/34

2

iolation! n*)- C+a t)-! 12:, 1


34/34


Type: ORDER FOR DISPOSITION


So Ordered



Documents

State v Matthew J. Wessels - Fecr012392 - Copy