Glidden Man Pleads Guilty to Public Intoxication 1st Offense

Complaint Item #: 14-0008STATE OF IOWA, COUNTY OF SAC

STATE OF IOWAVs.

Lucas Robert Clark

Before (Judge, Magistrate) _

Criminal Case No. -------------Defendant

Address 26176 130th Street Complaint

Glidden, IA 51443

Date of Birth 08/22/1988 Serious Misdemeanor

The defendant is accused of the crime of Operating While Intoxicated (1stOffense) in violation of (Section 321J.2 of the

Code of Iowa) or Ordinance No. __ of the City of __ , in that the defendant on the 23th day of February, 2014, at

the 100 block of south 11thStreet in Sac County, did:

Operate a motor vehicle while intoxicated.

(State acts or omissions constituting offense)\ I

S'\A LL~ c. A e.L~O '\\JComplainant

Statutory Reference 804.1 Code of Iowa Address Sc?bSTATE OF IOWA,COUNTY OF SAC, ss.

I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other

reliable persons form my belief that Lucas Robert Clark the defendant committed the crime charged.

On Suncay, February 23, 2014 at approximately 0206 hrs I was traveling east in the 1300 block of W. Main Street behind a grayChevrolet Caprice bearing an Iowa Registration Plate 003XGS. The Caprice crossed approximately three feet left out of its lane oftravel. ltthen turned right onto south 11thStreet where I made a traffic stop on the vehicle. Upon approaching the vehicle, I discoveredLucas Clark (who I identified by his State of Iowa Drivers' License) in the drivers' seat with the engine running. I could smell and odor ofan intoxicating beverage coming from the inside the vehicle. Clark stated that he had been at the bar drinking and that he was likelyover the legal limit. After unsatisfactorily completing battery of standard field sobriety tests and consenting to a preliminary breath testwhich indicated that his blood alcohol content was beyond that which is legally allowed when operating a motor vehicle in Iowa, he wasplaced under arrest. He was transported to the Sac County Law Enforcement Center where he was read the Iowa Implied ConsentAdvisory and consented to submitting a sample of his breath. The Datamasterindicated that his blood alcohol content was 0.125. Clarkwas charged with Operating While Intoxicated (1stOffense) and jailed. ---ry L- -e 1-..l-y--S-ig-n-a-tu-re---------

Subscribed and sworn to before me by the saidthe ;2.3c~ day of 'Fe..br~c...,..",204,. ------".L...I.."".."""""t--' ••..••••..l......:""7'..!.......,;>-="t------~.........,_~ Com plainant, on

tate of Iowa

MagistrateJENNIFER SCHRAMMCommission Number 770007MY COMMISSION

OCTOBER6. 20 .

E-FILED 2014 FEB 23 5:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT'FOR SAC COUNTY FILED

MAGISTRATE DIVISION

COUHl Or 10'NA ; COUHTY FILED

2011, FEB 2U AM9--0U STATE OF IOWA,

Plaintiff

vs.

^ij(^0 ^LiX tl&A

MAGISTRATE NO.

INITIAL APPEARANCE OWI

Defendant

On this 0,34. day of PstL , 20H the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While Intoxicated - j \ K offense, being a violation of Section ^[akj J

The Court advises the Defendant as follows: X of the Code oflowa.

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 attorney present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

That he/she is charged with a violation of Section Felony - Class Aggravated Misdemeanor

SC Serious Misdemeanor

J . r l , which is classified as:

r 3. That the maxi a) b) c) d)

t um punishment for a plea of guilty or conviction of the above charge is:

One Year County Jai l - Minimum days

YearsPrison muxUk-tai** And/Or a fine of not less than $ j ^ S 6 or more than $ _ You will lose your license for a minimum "of t yb days and cannot obtain a work permit for Q days.

That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.

(a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty af a Clacc H felony/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, tha Court is not lmr i i i nh l i 11 i i i i i ri ihnl HHI Trill npprni nl nil (unit pi nfcwi iliilfc ? in the futurr jiriri thrrofnrr the Court imposes 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 vour license is under suspension. (3) You must obey the laws of the State of lowa 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 facility of vour choosing AT YOUR EXPENSE with a copy to be sent within 30 davs to the Sac County Clerk of Court at P.O. Box 368. Sac Citv, IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information 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 hearing is:

Set for the / D ^ ^ d a y o f / l l ^ d U ^ 2 0 j j at ^ . ' 3 0 A . M . in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at (712) 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 THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J . Heidenreich, Judicial Magistrate

Copies to:

County Attorney Defendant Sac County Sheriff

I ROF TRUOC TCIRTSID AWOI EHT N CAS YTNUOC

,AWOI FO ETATS ,ffitnialP 605210RCWO

.sv

KRALC TREBOR SACUL , LESNUOC FO ECNARAEPPA .tnadnefeD AELP/YRANIMILERP FO REVIAW

od dna ,waL ta yenrottA ,nosliW .L kcirtaP WON SEMOC sih retne ybereh se

tam siht ni ecnaraeppa tnadnefed eht fo flaheb no ret . tnadnefed ehT yranimilerp seviaw

dna gniraeh .segrahc lla ot ytliug ton sdaelp

nosliW .L kcirtaP 8368000TA enrottA waL ta y 2001 .oN ,.evA dnarG 0003 21305 AI ,senioM seD 515 :enohP - 228 - 3020 888 :xaF - 247 - 7346 E- moc.nosliwtap@tap :liam TNADNEFED ROF YENROTTA

E-FILED 2014 FEB 28 4:19 PM SAC - CLERK OF DISTRICT COURT

I ROF TRUOC TCIRTSID AWOI EHT N CAS YTNUOC

,AWOI FO ETATS ,ffitnialP 605210RCWO

.sv

KRALC TREBOR SACUL , LESNUOC FO ECNARAEPPA .tnadnefeD AELP/YRANIMILERP FO REVIAW

od dna ,waL ta yenrottA ,nosliW .L kcirtaP WON SEMOC sih retne ybereh se

tam siht ni ecnaraeppa tnadnefed eht fo flaheb no ret . tnadnefed ehT yranimilerp seviaw

dna gniraeh .segrahc lla ot ytliug ton sdaelp

nosliW .L kcirtaP 8368000TA enrottA waL ta y 2001 .oN ,.evA dnarG 0003 21305 AI ,senioM seD 515 :enohP - 228 - 3020 888 :xaF - 247 - 7346 E- moc.nosliwtap@tap :liam TNADNEFED ROF YENROTTA

E-FILED 2014 FEB 28 4:19 PM SAC - CLERK OF DISTRICT COURT

1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012506 Plaintiff, vs. TRIAL INFORMATION

LUCAS ROBERT CLARK,DOB: 08/22/1988 Defendant.

COUNT ICOMES 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, Lucas Robert Clark of

the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor

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

The said Defendant, Lucas Robert Clark, on or about February 23, 2014 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 AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 MAR 26 8:42 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

2

THE STATE OF IOWA vs. LUCAS ROBERT CLARKCriminal No. OWCR012506COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT

MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWADEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICSLABORATORY


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012506 STATE VS LUCAS ROBERT CLARK

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 2014-03-26 08:43:04 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs LUCAS ROBERT CLARK , Defendant.

Case No: 02811 OWCR012506 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 04/02/2014 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



IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. LUCAS ROBERT CLARK , Defendant.

02811 OWCR012506 ORDER RESCHEDULING ARRAIGNMENT

The arraignment currently scheduled in this matter needs to be rescheduled. IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on04/16/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unlessa written arraignment and plea of not guilty document in a form substantially similar tothat set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file withthe Clerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment. Clerk to Send Copies to: County Attorney Defendant Defense Counsel

1 of 2

E-FILED 2014 APR 02 11:16 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleOWCR012506 STATE VS LUCAS ROBERT CLARKType: ORDER FOR CONTINUANCE

So Ordered

Electronically signed on 2014-04-02 11:16:54

2 of 2


STATE OF IOWA,

Plaintiff,vs.

LUCAS ROBERT CLARK,Defendant.

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

NO. OWCRo12506

WRITTEN ARRAIGNMENT

Gomes now the above named defendant in the above captioned criminal case andunder oath states:

1. I am represented by Patrick L. Wilson, Attorney at Law, 3000 Grand Ave., Suite1002, Des Moines, 1450312. Phone: 515-822-0203. Email: [email protected]

2. My true and correct name is as stated.

3. My current mailing and residence addresses and telephone number:

26176130th Street, Gtidden, lA 51443 - Phone: 712-790-4478

4. I am Z5 years old. I can read and understand the English tanguage andhave completed the following level of education: ,L

5. I have been advised and understand that ! have a right to arraignment in opencourt. I hereby waive my right to appear in open court. I choose to sign this writtenarraignment and plea of not guilty. I understand that times for further proceedings which arecomputed from the date of arraignment will be computed from the date of filing this wriftenarraignment and plea of not guilty.

6. I have received a copy of the trial information and minutes of evidence. I haveread the charges, or had them read to me, and I have discussed the charges with myattorney. I understand what I am charged with and I waive formal reading of the charges andtime to plead.

7. I plead NOT GUILry to all charges filed against me.

8. I understand I have the right to a speedy jury trial within 90 days of the filingdate of the trial information. I hereby WAIVE my right to have a speedy trial.

9. I understand that a further court dates will be scheduled and that myattorney will be advised of those dates. I wil! maintain contact with my attorney so that I maybe kept advised of the dates and times of all proceedings.

E-FILED 2014 APR 08 4:07 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA,

Plaintiff, OWCR012506 vs.

LUCAS ROBERT CLARK, MOTION TO SUPPRESS Defendant.

COMES NOW the defendant and by and through his counsel, Patrick L. Wilson,

states:

1. The State of Iowa has accused the defendant of Operating While

Intoxicated as a 1st offense in violation of Iowa Code Section 321J.2.

2. The police officers and agents of the State of Iowa had no reasonable

grounds to believe that the defendant was operating a motor vehicle in violation of Iowa

Code Section 321J.2 of the Code of Iowa.

3. The police officers and agents of the State of Iowa had no probable cause

to arrest and detain the defendant.

4. The police officers and agents of the State of Iowa had no reasonable

grounds nor probable cause to believe that the defendant was operating a motor vehicle

while under the influence of drugs and/or alcohol and, as such, they were not authorized

to invoke implied consent.

5. The questioning, arrest and invoking of implied consent were all in

violation of defendant’s constitutional rights under the Constitutions of the State of Iowa

and the United States of America.


WHEREFORE, the defendant moves to suppress the invocation of implied consent and

respectfully requests that all statements made by the defendant be suppressed and that the

State of Iowa be barred from introducing evidence of the defendant’s alleged BAC test

result.

Patrick L. Wilson AT0008638 Attorney at Law 3000 Grand Ave., No. 1002 Des Moines, IA 50312 Phone: 515-822-0203 Fax: 888-742-6437 E-mail: [email protected]

ATTORNEY FOR DEFENDANT


IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. LUCAS ROBERT CLARK , Defendant.

Case No: 02811 OWCR012506 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on April 8, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 05/21/2014 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 06/24/2014 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.

1 of 3


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

2 of 3


State of Iowa CourtsCase Number Case TitleOWCR012506 STATE VS LUCAS ROBERT CLARKType: ORDER SETTING TRIAL

So Ordered


3 of 3


IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. LUCAS ROBERT CLARK , Defendant.

Case No: 02811 OWCR012506 ORDER SETTING HEARING

The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set forhearing. IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 05/21/2014 at 11:00 AM at theSac Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1. One hour has been scheduled for said hearing. IT IS FURTHER ORDERED that the pretrial conference shall convene immediately following thehearing on the motion to suppress. Clerk to provide copies to:County AttorneyAttorney of Record

1 of 2


State of Iowa CourtsCase Number Case TitleOWCR012506 STATE VS LUCAS ROBERT CLARKType: ORDER SETTING HEARING

So Ordered


2 of 2



STATE OF IOWA, Plaintiff, v. LUCAS ROBERT CLARK, Defendant.

Case No. OWCR012506

REPORT OF PRETRIAL CONFERENCE

THE UNDERSIGNED REPRESENTS TO THE COURT AS FOLLOWS:

On April 9, 2014, the parties conducted a Pretrial Conference. The parties, through the undersigned, represent the following to the Court:

A plea agreement has been reached and the parties request that a plea hearing be scheduled. The terms of the plea agreement are as follows: The State of Iowa through Sac County Attorney Ben Smith agreed the February 23, 2014, chemical test result (DataMaster breath specimen) should be suppressed and further agreed to amend Count 1 from OPERATING WHILE INTOXICATED FIRST OFFENSE to PUBLIC INTOXICATION FIRST OFFENSE, a simple misdemeanor in violation of Iowa Code § 123.46. The defendant, through his attorney, Patrick Wilson, agreed to plead guilty to the amended charge and pay a fine of $200.00.

The defendant has informed the undersigned that he intends to submit a written guilty plea by April 29, 2014. The defendant intends to waive presence at sentencing. The 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]



STATE OF IOWA,

Plaintiff,

v.

LUCAS ROBERT CLARK,

Defendant.

Case No. OWCR012506

ORDER SUPPRESSING CHEMICAL TEST

The Court having reviewed Defendant's Motion to Suppress Evidence

and being advised that the State of Iowa stipulates to the facts set forth in

Defendant’s Motion and no longer resists said Motion, FINDS that

Defendant’s Motion should be granted.

IT IS THEREFORE ORDERED that Defendant’s Motion to Suppress

Evidence is granted for the reasons set forth in Defendant’s Motion.

Defendant’s failure of the chemical test of his breath on February 23, 2014,

is hereby suppressed.



Type: OTHER ORDER


So Ordered



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. OWCR012506Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONLUCAS ROBERT CLARK,

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. For Count I, upon the entry of the order suppressing the Chemical Test Result, aspart of a Plea Agreement, Defendant is pleading to the charge of: Public Intoxication,First Offense, a Simple Misdemeanor in violation of Iowa Code Section 123.46(2).

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.

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac 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 causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on April 9, 2014by: [ ] U.S. Mail [ ] Fax

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

Signature: /s/Norma Hecht



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012506 Plaintiff, AMENDED vs. TRIAL INFORMATION

LUCAS ROBERT CLARK,DOB: 08/22/1988 Defendant.

COUNT ICOMES 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, Lucas Robert Clark of

the crime of PUBLIC INTOXICATION, FIRST OFFENSE, a Simple Misdemeanor in violation of

Iowa Code Section 123.46(2) committed as follows:

The said Defendant, Lucas Robert Clark, on or about February 23, 2014, in the County

of Sac and State of Iowa, did unlawfully and willfully be intoxicated while being in a public place.

A TRUE INFORMATION

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



IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. LUCAS ROBERT CLARK, Defendant.

Case No. OWCR012506

ORDER

NOW, on this 10th day of April, 2014, the Court is in receipt of the State’s

Request for Leave to Amend Trial Information. The Request states good cause and

should be granted.

IT IS THEREFORE ORDERED that the State’s Request is granted. The Trial

Information is amended to a charge of Public Intoxication, First Offense, in violation of

Iowa Code Section 123.46(2).

Clerk to furnish copies to: County Attorney Defense Counsel



Type: OTHER ORDER


So Ordered




STATE OF IOWA,

Plaintiff, OWCR012506 vs.

LUCAS ROBERT CLARK, PLEA OF GUILTY Defendant.

COMES NOW the defendant and by and through his counsel, Patrick L. Wilson,

does hereby enter a plea of guilty to the offense of Public Intoxication, First Offense, in

violation of Iowa Code Section 123.46(2). The plea agreement provides that the State and

Defendant agree to a fine of $200.00 plus costs.

Patrick L. Wilson AT0008638 Attorney at Law 3000 Grand Ave., No. 1002 Des Moines, IA 50312 Phone: 515-822-0203 Fax: 888-742-6437 E-mail: [email protected]

ATTORNEY FOR DEFENDANT


THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

) CRIM. NO. OWCR012506

Plaintiff, )

)

vs. )

) JUDGMENT AND SENTENCE

LUCAS ROBERT CLARK, )

)

Defendant. )

BE IT REMEMBERED that on the 11th

day of April, 2014, the above-entitled matter came before the Court for

purposes of Defendant’s plea of guilty to an amended charge of Public Intoxication, First Offense, a simple misdemeanor,

in violation of Iowa Code Section 123.46(2).

The Defendant appeared by his counsel, Patrick L. Wilson, and the State was represented by Sac County Attorney

Ben Smith.

The Court on today’s date accepted Defendant’s plea of guilty as authorized in a written communication from his

counsel. The parties requested that they proceed to sentencing today.

IT IS THE JUDGMENT AND SENTENCE OF THIS COURT that the Defendant is convicted of the crime of Public

Intoxication, First Offense, a simple misdemeanor, in violation of Iowa Code Section 123.46(2).

IT IS FURTHER ORDERED that Defendant shall be fined in the amount of $200.00, plus applicable surcharge pursuant

to Iowa Code Section 911.1(1) and court costs.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov.

All such financial obligations shall be paid in full on or before the 30th

day following the filing of this Order. If the financial

obligations are not paid in full within 30 days of filing of this Order, it may be considered a violation of this Order and the

terms of Defendant’s probation. In addition, pursuant to Iowa Code Section 602.8107, a failure to pay in full within 30 days

may result in this case being assigned to the Centralized Collection Unit of the Iowa Department of Revenue or its designee to

collect the debts owed to the Clerk of Court. In the event this matter is assigned for collection, additional fees may be

imposed pursuant to law.

The reasons for this sentence include the following: Defendant’s age; prior criminal history; attitude toward

rehabilitation; facts and circumstances of this case; family and employment circumstances; need for protection of the

community and deterrent impact upon Defendant and others similarly situated.

Any bond money previously posted is released and exonerated.

The Defendant is advised of the right to appeal this Judgment and Sentence. Bond on appeal is $500.00 cash.

Clerk to provide copies to:

County Attorney

Defense Counsel



Type: OTHER ORDER


So Ordered



Date post:	15-May-2017
Category:	Documents
Upload:	thesacnews
View:	220 times
Download:	0 times

Glidden Man Pleads Guilty to Public Intoxication 1st Offense

Documents