Arion Man Pleads Guilty to OWI 1st Offense

7/27/2019 Arion Man Pleads Guilty to OWI 1st Offense

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E-FILED 2013 AUG 26 10:15 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWAPlaintiff

vs

JAKE MIKE LANDGRAFDefendant

Case No. 02811 OWCR012412

Summons or Citation

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:OWI 1ST OFFENSEin violation of Section(s) 321J.2(2)(A) of the Iowa Criminal Code.

You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on09/09/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. .YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as

contempt of court.

/s/ SHELLEY BASSCLERK OF DISTRICT COURT

SAC COUNTY IOWA

Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court.Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).



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Case ID : 02811 OWCR012412 - STATE VS JAKE MIKE LANDGRAF

Event Cd : SUMM

JAKE MIKE LANDGRAF filed



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E-FILED 2013 AUG 30 2:46 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs.

JAKE MIKE LANDGRAF ,Defendant.

Case No: 02811 OWCR012412

INITIAL APPEARANCE OWI

Charges:01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE

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 can

and 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 - Minimum 2 days

Years Prison

And/Or a fine of not less than $1,250 or more than $1,875

You will lose your license for a minimum of 180 days and cannot obtain a work permit fordays.

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E-FILED 2013 SEP 09 10:15 AM SAC - CLERK OF DISTRICT COURT


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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:

(1) You must not use alcohol or drugs during the pendency of this matter.(2) You must not drive while your license is under suspension.(3) You must obey the laws of the State of Iowa and the United States.(4) You are ordered to complete a substance abuse evaluation immediately at New

Opportunities (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 ARREST

WARRANT 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 09/23/2013 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 AND

FINGERPRINTED.If you need assistance to participate in court due to a disability, call the disability coordinator at (641)421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).Disability coordinators cannot provide legal advice.Copies to:County Attorney

The Court has provided a copy to the DefendantDefendant

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Sac County Sheriff

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State of Iowa Courts

Case Number Case TitleOWCR012412 STATE VS JAKE MIKE LANDGRAF

Type: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2013-09-09 10:15:05

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012412

Plaintiff,

vs. TRIAL INFORMATION

JAKE MIKE LANDGRAF,

DOB: 11/17/1980Defendant.

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, Jake Mike Landgraf

of the crime ofOPERATING WHILE INTOXICATED, FIRST OFFENSE a Serious

Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Jake Mike Landgraf, on or about July 20, 2013, in the County of

Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or more of the

following means:

a. While under the influence of an alcoholic beverage or drugs or a combination of such

substances;

b. While having an alcohol concentration of .08 or more as measured in the person's breath,

blood or urine;

c. While any amount of a controlled substance is present in the person as measured in the

person's blood or urine.

A TRUE INFORMATION

/s/Benjamin John SmithProsecuting Attorney

Sac County Attorney, Benjamin John SmithAT0008834Sac County Courthouse

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


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Type: Approval of Trial Information

Case Number Case Title

OWCR012412 STATE VS JAKE MIKE LANDGRAF

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 2013-09-25 07:19:14 page 2 of 2



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STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012412

Plaintiff,

vs.JAKE MIKE LANDGRAF

Defendant.

Attachment to Trial InformationWitness List

NAMES OF WITNESSES:

AARON SMIDT, TROOPER, Iowa State Highway Patrol, Post 7

ROBERT MONSERRATE OR DESIGNATED CRIMINALIST, CRIMINALIST,

Iowa Department of Public Safety, DCI Criminalistics Laboratory

E-FILED 2013 SEP 24 2:34 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,Plaintiff,

VS.

JAKE MIKE LANDGRAF,Defendant.

CRIMINAL NO. OWCR012412

ORDER SET ARRAIGNMENTAND APPROVE BOND

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 8th day ofOctober2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in theissuance of an arrest 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.



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Type: ORDER FOR ARRAIGNMENT



So Ordered



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2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs.JAKE MIKE LANDGRAF ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 27, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Reed Reitz.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall 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 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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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

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Type: ORDER SETTING TRIAL

So Ordered


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2RCR02


STATE OF IOWA,

PLAINTIFF,

vs.JAKE MIKE LANDGRAF ,

DEFENDANT.


ORDER FOR TRIAL

1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onSeptember 27, 2013.

2. The Defendant's name as charged in the Trial Information is true and correct.

3. Defendant waives the right to speedy trial.

4. Defendant is represented by Reed Reitz.

IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall 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 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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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY

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Type: ORDER SETTING TRIAL

So Ordered


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E-FILED 2013 OCT 11 8:33 AM SAC - CLERK OF DISTRICT COURT


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THE STATE OF IOWA, NO. OWCR012412

Plaintiff

vs. JUDGMENT AND SENTENCE

OWI 1ST

JAKE MIKE LANDGRAF,

Defendant

The State appears by Sac County Attorney, Benjamin John Smith. The Defendantappears by his attorney, Reed Reitz.

Defendant, having pled guilty, knows of no legal cause why judgment should notnow be entered and none appears upon the record.

IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendantis convicted of the charge of Operating While Intoxicated, First Offense, in violation ofIowa Code Section 321J.2 and, pursuant to Iowa Code Section 321J and Section 903.1, itis ORDERED:

1. Defendant shall be confined in the Sac County Jail for a term of 48 hours.Confinement shall be completed no later than February 1, 2014. The Defendant shallreceive credit against said sentence for any time served after his arrest.

2. In lieu of the 48-hour jail term, at Defendants expense, the Defendant maycomplete a 48-Hour Alcohol Education program at DMACC in Carroll, Iowa, or anyother location that offers a certified 48-Hour Alcohol Education Program. Proof ofcompletion must be provided to the Court by February 1, 2014.

3. Defendant shall pay a fine of $1250 and the statutory 35% surcharge and the$10.00 D.A.R.E. surcharge. Said fine shall be reduced by $625 upon Defendantproviding proof that he obtained a temporary restricted license.

4. Defendant shall enroll in, attend and successfully complete a course fordrinking drivers at Defendants expense and file proof thereof.

5. Defendant shall complete substance abuse treatment recommended by asubstance abuse evaluation.

6. Given that Defendants license has already been revoked, the Department ofTransportation shall not revoke Defendants license pursuant to 321J of the Iowa Codefor this conviction.

7. Defendant shall:



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____ Pay restitution for all costs and fees incurred for legal assistance pursuant toSection 815.9._X__ Pay court costs.____ Report to the Sac County Sheriff for fingerprinting within 24 hours.

8. The Defendant is allowed to pay the financial obligations herein ininstallments of not less than $50.00 per month. The first installment shall be paid on orbefore December 1, 2013. The Defendant may prepay installments without causing latermonthly installments to be treated as past due. All financial obligations owing hereinshall be paid on or before July 1, 2014.

In determining the sentence imposed in this matter, the Court has considered:_X__The Defendants characteristics_X__The Defendants family and financial circumstances_X__The Defendants criminal record and social history

_X__The circumstances of the offense____ The harm to the victim, the victims family and the community_X__The plea agreement____ Mitigating circumstances.____ Other factors: _________________________________________________

Having considered these factors, the Court has determined that the sentenceimposed will provide maximum opportunity for the rehabilitation of the Defendant andfor the protection of the community from further offenses by the Defendant and others.

Defendant is advised of the right to appeal this judgment and sentence and of theright to apply for appointment of appellate counsel and the furnishing of a transcript ifunable to pay the appeal costs. Defendant is also advised of the necessity to comply withthe statutory requirements in filing a notice of appeal.

Defendants appearance bond is released, and surety is exonerated. Defendantsappeal bond is fixed at $2500.00.

APPROVED AS TO FORM AND CONTENT:

/s/ Jake Mike Landgraf, Defendant

Approved per 10/2/13 emailsBenjamin John Smith, Sac County Attorney

/s/ Reed H. Reitz, Defendants Attorney



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Type: ORDER FOR DISPOSITION



So Ordered



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Arion Man Pleads Guilty to OWI 1st Offense

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