012578 SMCR - Odebolt man pleads guilty to Public intoxication 2nd Offense.pdf

E-FILED 2014 JUL 02 2:43 AM SAC - CLERK OF DISTRICT COURT


IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. AARON TAYLOR BIRD , Defendant.

Case No: 02811 SMCR012578

INITIAL APPEARANCE

Charges:01 - 123.46(2) - PUBLIC INTOXICATION02 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREEDefendant has a simple misedemeanor which carries up to 30 days in jail and a fine of not less than$65 not greater than $625 plus 35% surcharge and court costs. 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 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 Years Prison And/Or $a fine of not less than $315 nor greater than $1,875 plus 35% surcharge andcourt costs

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E-FILED 2014 JUL 02 4:29 PM SAC - CLERK OF DISTRICT COURT

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: Defendant appears to be quite unstable at this time having been disruptive in the actions for which heis charged and also during his arrest and during his confinement. The court believes that at this timeprotection of the public interest requires that he be held without bond at this time. He shall be entitledto a bond review hearing on July 7, 2014. 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 07/14/2014 at 10:00 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

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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRDType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-07-02 16:29:34

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. AARON TAYLOR BIRD , Defendant.

Case No: 02811 SMCR012578

INITIAL APPEARANCE

Charges:01 - 123.46(2) - PUBLIC INTOXICATION02 - 716.6 - CRIMINAL MISCHIEF 5TH DEGREEDefendant has a simple misedemeanor which carries up to 30 days in jail and a fine of not less than$65 not greater than $625 plus 35% surcharge and court costs. 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 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 Years Prison And/Or $a fine of not less than $315 nor greater than $1,875 plus 35% surcharge andcourt costs

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4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with thisCourt. 5. (a) You will be released from custody prior to trial on your own promise to appear at allfurther court proceedings. If you willfully fail to appear before any court as required, you shall be guiltyof a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is notreasonably assured that you will appear at all court proceedings in the future and therefore the Courtimposes the following conditions on your release: Defendant appears to be quite unstable at this time having been disruptive in the actions for which heis charged and also during his arrest and during his confinement. The court believes that at this timeprotection of the public interest requires that he be held without bond at this time. He shall be entitledto a bond review hearing on July 7, 2014. 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 07/14/2014 at 10:00 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

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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRDType: HEARING FOR INITIAL APPEARANCE

So Ordered


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IN THE IOWA DISTRICT COURT FOR. Sac

DISTRICT COURT OF IOWA SAC COUNTY

FILED

20IUUL-7 AH 8=51* COUNTY

STATE OF IOWA or

Plaintiff/Petitioner,

/Won 6ud Defendant/Respondent

^Criminal Civi]

NO. SmciRDizs^'

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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

Name: /WTO Q . ffi^ ( — / W i — j>- Ii Birth Date:

Home Phone:

Street Address:

Cell Phone: i ^ i f j M l H^'E-mai\:.

Street/P.O. Box Apt # City State Zip

Pending charges: % f ^ . "i- A * ' f l a & „ t l ^ ' V ^ l A j j i A V v . g S j -WlnJail? Q*Yes • No ,, c. .... »

..>-' ••• Do you have a job? CT No Job • Yes, Full Time • Yes, Part Time (List Hours/week: ) Who do you work for?

How much money do you currently make before taxes or deductions? per • hour • month • year

How much money have you made in the last 12 months from any source, before taxes or deductions? - <,

How many family members are supported by or live with you?

per • hour • month • year If a spouse lives with you, how much money does your spouse make?

List all other money you, or anyone else living in your household, has coming in: rf\ V ^b.f3t f%SZ, .r, «m } , _ »_ i \ -. t t f ^

List what else worth

you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything l more than $100: 4 1 g

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

I understand I may be required to repay the State for all or part of my attorney fees 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 the statements I make in this application are true and that I am unable to pay for an attorney to represent me.

Date Signature

Rev. 1/6/12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. AARON TAYLOR BIRD , DEFENDANT.

02811 SMCR012578

ORDER RE:

APPLICATION FOR APPOINTMENTOF 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 E. Peterson, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours. 712-792-4485 COPY PROVIDED TO DEFENDANT

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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)Type: ORDER APPOINTING

So Ordered


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. AARON TAYLOR BIRD , Defendant.

02811 SMCR012578

ORDER

This matter comes before the court for bond review. The court has talked to the jail supervisor whoreports that the defendant has now cooperated and is no longer displaying a combative attitude.Based on that the court believes that the defendant is now a suitable candidate for release on his ownpromise to appear at all further court proceedings. It is so ORDERED.

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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)Type: OTHER ORDER

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

AARON TAYLOR BIRD,

Defendant.

CASE NO. SMCR012578

TRIAL INFORMATION

COUNT 1

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, AARON TAYLOR BIRD (“Defendant”) of the crime of PUBLIC INTOXICATION SECOND OFFENSE, a violation of Iowa Code sections 123.46(2) and 123.91(1), committed as follows: On or about July 2, 2014, in Sac County, Iowa, Defendant was intoxicated in a public place, and Defendant was convicted of public intoxication on May 14, 2010, in Sac County Case No. SMCR011630.

A TRUE INFORMATION

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]


WITNESS LIST

KRISTIN ERSKINE, Deputy, Sac County Sheriff’s Office

MICHAEL M. TATE OR JAMES A. BLESKACEK, Criminalist, DCI

DONNA GEERY, Sac County Clerk of Court


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)

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 2014-07-23 13:35:49 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs AARON TAYLOR BIRD , Defendant.

Case No: 02811 SMCR012578 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 Hearing isscheduled on 08/06/2014 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 shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered




STATE OF IOWA, Plaintiff,

v.

AARON TAYLOR BIRD, Defendant.

Criminal No. SMCR012578

WRITTEN ARRAIGNMENT AND 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

P.O. Box 1144, Carroll, IA 51401, 712-792-4485.

2. My current mailing and residence addresses and telephone number are: 501 S. Main St, PO

Box 5, Odebolt, IA 51458 712-371-3971

3. I am 25 years old. I can read and understand the English language and have completed the

following level of education: /0 .

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 proceedings

which 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

Public Intoxication Second Offense in violation of Iowa Code section(s) 123.46(2), 123.91(1) (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"):

1(1a. 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

showing my true name. I have been advised and understand further proceedings will be had

E-FILED 2014 AUG 04 5:30 PM SAC - CLERK OF DISTRICT COURT

against 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 Public Intoxication Second Offense

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"]:

[ ] 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 Aaron Bird this

LP , 20

day of

[seal]

ROBERT E. PETERSON Commission Number 75840

MY COMMISSION EXP 4

m

MAY 21, A

Notary p c or other officer authorized to take and

certify acknowledgements and administer oaths.

E-FILED 2014 AUG 04 5:30 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. AARON TAYLOR BIRD , Defendant.

Case No: 02811 SMCR012578 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on August 4, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 09/17/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 09/30/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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E-FILED 2014 AUG 05 10:22 AM SAC - CLERK OF DISTRICT COURT

Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)Type: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA, Plaintiff, v. AARON TAYLOR BIRD, Defendant.

Case No. SMCR012578

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On September 17, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State of Iowa appeared by Sac County Attorney Ben Smith. Defendant appeared by Attorney Bob Peterson. 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 agrees to plead guilty to PUBLIC INTOXICATION SECOND OFFENSE (Count 1 of the Trial Information), pay all costs and the minimum fine, and the State agrees to dismiss the companion citation ODSMCR012579 should be dismissed with costs to Defendant, and recommend that Defendant NOT be placed on probation.

Defendant intends to submit a written guilty plea by October 1, 2014. 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]

E-FILED 2014 SEP 17 1:26 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. AARON TAYLOR BIRD , Defendant.

02811 SMCR012578

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 either submit a Written Plea of Guilty to theCourt or personally appear for further proceedings, a Plea Hearing is scheduled on 10/01/2014 at9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. 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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State of Iowa CourtsCase Number Case TitleSMCR012578 STATE VS AARON TAYLOR BIRD (SERIOUS MISD)Type: OTHER ORDER

So Ordered


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

Plaintiff, VS.

AARON TAYLOR BIRD, DOB: 02/12/1989

Defendant.

* * No. SMCR012578 * GUILTY PLEA * (Serious Misdemeanor) * * * *

I, the undersigned Defendant, have carefully read and fully understand the following:

A. I am charged with PUBLIC INTOXICATION—SECOND OFFENSE, in violation of Iowa Code Sections 123.46(2) and 123.91(1), a Serious Misdemeanor; I hereby request that my plea of guilty to the charge be entered of 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 date. In addition, if the charge is a violation of Code Chapters, 124, 155A, 453B, 713, 714, 715A, 716, or Code Sections 719.8, 725.1, 725.2 or 725.3, there is an additional Law 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 of 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, 1 would be entitled to the following rights. 1 give up these rights by pleading 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 to afford an 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 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

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E-FILED 2014 SEP 29 10:40 AM SAC - CLERK OF DISTRICT COURT

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. (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 if I 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 as charged. The County Attorney will recommend a Jail sentence of time previously served, with credit for time served of five (5) days, and that Defendant NOT be placed on probation. I will pay a fine in the amount of $315.00, plus the 35% surcharge in the amount of $110.25, court costs and court appointed attorney fees: to be paid by paying $50.00 per month on the 15 th day of the month following the judgment entry and on the 15 th day of each month thereafter until paid in full. Terms of the plea agreement include dismissal of the charge of Criminal Mischief 5 th Degree, and dismissal of ODSMCR012579 with court costs assessed to 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, and all surcharges and mandatory punishments (see paragraph B) applicable to my case.

I now state to the Court that I am, in fact GUILTY 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: I was intoxicated in a public place and I had previously been convicted of Public Intoxication. I understand the nature of the charge against me. This offense was committed by me in Sac County low Ally my doing the following: On or about the rd day of July 2014 I was intoxicated ar aland Main Street in Lake-View-Iowa, which is a public place, and I was convicted of Public Intoxication in Sac County Iowa, in Sac County Magistrate Court case #SMCR011630 on May 10, 2010.

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.

G. 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 of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to

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file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence 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 MOTION IN ARREST OF JUDGMENT If 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 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 from sentencing.

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 voluntarily waive the right to be present at my sentencing.

ack4.0,127(%ki Defendant, Aaron Taylor Bird

efendant's Attorney, Robert E. Peterson

STATE OF IOWA ) SS

SACCOUNTY

On this2-1 day of .5 e-pf 2014 before me the undersigned, a Notary Public in and for said State, personally appeared fr.4.,16%. 8; rot , 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 Public in and for the State of Iowa

3


1


STATE OF IOWA, Plaintiff, v. AARON TAYLOR BIRD, Defendant.

SMCR012578

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: September 29, 2014

CHARGE: Public Intoxication, Second Offense, a serious misdemeanor, in violation of Iowa Code § 123.46(2) and 123.91(1)

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be

present for sentencing. Defendant asks that the plea to the above charge be accepted and that sentence be imposed pursuant to the plea arrangement agreed upon by the parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa Rules of Criminal Procedure. The Court hereby informs Defendant that Defendant’s plea of guilty to the above-referenced charge is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant is adjudicated guilty of the above-described crime and pursuant to

Iowa Code Section 903.1. 2. Defendant is hereby sentenced as follows:

a. Defendant shall pay financial obligations as follows: (1) a fine in the sum of $315.00; (2) a 35% surcharge of $110.25; (3) court-appointed attorney fees as certified by Mr. Peterson;

and (4) the court costs of this action.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov. Such financial obligations may be paid in monthly installments of at least $50.00 per month beginning on the 15th day of October, 2014, and continuing on the 15th day of each month thereafter until paid in full. If any installment is missed, in whole or in part, it may be considered a violation of this Order. In addition, if the installment payment becomes delinquent by 30 days or more, then, pursuant to Iowa Code Section 602.8107, this case shall be assigned to the Centralized Collection Unit of the Iowa Department of Revenue or its designee to collect the debts owed to the


2

Clerk of Court. In the event this matter is assigned for collection, additional fees may be imposed pursuant to law; and

b. Defendant shall serve five (5) days in the county jail, with credit for time previously served. Mittimus shall issue immediately and Defendant is discharged from further appearance requirements with respect to this five-day sentence.

In compliance with Iowa Code Section 356.7, Defendant shall pay fees as later assessed for the room and board provided to Defendant while in the custody of the Sheriff as a result of Defendant’s criminal conviction in this matter. The actual amount assessed will be as set forth in the Room & Board Reimbursement Claim filed with the Clerk by the Sheriff. The amount assessed shall have the force and effect of a judgment for purposes of enforcement. Should Defendant dispute the amount assessed, Defendant has the right to request a hearing on that issue.

3. The Court grants this sentence because it provides for Defendant’s rehabilitation and the protection of the community. The Court has considered the sentencing recommendation of the parties. 4. Defendant has a statutory right to appeal by filing written notice of appeal with the Clerk of Court of this county within 30 days of the date of these proceedings. If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for appointment of counsel and the furnishing of a transcript of the evidence as provided in Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and failure to comply with these provisions shall preclude Defendant’s right of appeal. 5. Appeal Bond is set in the sum of $5,000.00, cash or surety. 6. Any cash bail posted by Defendant or on Defendant’s behalf by a third party that has acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations shall be applied toward Defendant’s financial obligations. All cash bail remaining, if any, after payment of Defendant’s financial obligations and all cash bail posted by a third party that has not acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations is hereby exonerated and shall be returned to the person posting the cash bail. All non-cash bail bonds posted, if any, are hereby exonerated. 7. IT IS FURTHER ORDERED that Case No. ODSMCR012579 is dismissed upon motion of the county attorney and pursuant to plea agreement. Costs are taxed to the Defendant. Clerk Shall Furnish Copies To: County Attorney Defense Counsel County Sheriff



Type: OTHER ORDER


So Ordered



IN THE IOWA DISTRICT COURT FOR SAC COUNTY(Magistrate Division)

STATE OF IOWA, Plaintiff,

Criminal Cause No. SMCR012578

vs. MOTION for ORDER TO DISMISSCount II

AARON TAYLOR BIRD, Defendant.

COMES NOW Plaintiff in the above entitled matter and pursuant to Iowa Rules of

Criminal Procedure moves to dismiss the charge of Criminal Mischief in the Fifth Degree a

Simple Misdemeanor, pursuant to Iowa Rule of Criminal Procedure 27(1) for the reasons that

Defendant plead guilty to the indictable charge of Count I, wherein court costs were assessed in

the Judgment entry on September 29, 2014, and the interests of justice can best be attained by

dismissal.

WHEREFORE, Plaintiff PRAYS for an Order dismissing the charge and terminating the

conditions of pretrial release.

Respectfully submitted,

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

Original filed, copy to:Defendant’s Attorney, Robert E. Peterson


mailto:[email protected]

IN THE IOWA DISTRICT COURT FOR SAC COUNTY (Magistrate Division)

STATE OF IOWA,

Plaintiff,

No. SMCR012578

Vs.

ORDER DISMISS –Count II

AARON TAYLOR BIRD,

Defendant.

The Plaintiff’s Motion to Dismiss comes before the Court and the Court having examined

the Motion and the file, FINDS that the charge should be dismissed pursuant to Iowa Rule of

Criminal Procedure 27(1), and the Court further finds that court costs were previously assessed in

the Judgment entry for Count I.

IT IS THEREFORE ORDERED that the above entitled charge be, and the same is

hereby dismissed and that the Defendant’s bond is exonerated, and all conditions of release. This

order does not affect any other bond or condition of release or probation ordered under other

counts, if any, filed in this case.

Original filed,

County Attorney

Defendant’s Attorney, Robert E. Peterson



Type: ORDER DISMISSING AT APPLICATION


So Ordered



E-FILED 2014 OCT 01 2:47 PM SAC - CLERK OF DISTRICT COURT

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