Lake View Man Pleads Guilty to OWI 1st Offense

8/12/2019 Lake View Man Pleads Guilty to OWI 1st Offense

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E-FILED 2014 MAR 06 2:14 PM SAC - CLERK OF DISTRICT COURT


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

vs. BRANDON MICHAEL PUDENZ , Defendant. Defendant's Correct Address: 319 Adams St.,Lake View, IA 51450

Case No: 02811 OWCR012511

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 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 - Minimum 2 days Years Prison And/Or a fine of not less than $1,250.00 or more than $1,875.00 plus 35% surcharge andcourt costs You will lose your license for a minimum of 180 days and cannot obtain a work permit for0 days.

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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 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 03/31/2014 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 DefendantDefendant 2 of 4



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State of Iowa CourtsCase Number Case TitleOWCR012511 STATE VS BRANDON MICHAEL PUDENZType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-03-06 15:03:11

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,PLAINTIFF

VS.BRANDON M. PUDENZ

)))

)))

APPEARANCE AND PLEA OF NOT GUILTY

COMES NOW the Defendant and for his Appearance and Plea of Not Guilty states as

follows:

1. The undersigned attorney hereby enters his appearance on behalf of the

Defendant, Brandon M. Pudenz.

2. The Defendant, Brandon M. Pudenz, hereby enters his plea of not guilty to thecharge of OWI, First Offense.

Respectfully submitted,McCULLOUGH LAW FIRM701 West Main StreetPO Box 428

Sac City IA [email protected]

By:____________________________________Colin J. McCullough

Original Filed.

Copy to:County Attorney

E-FILED 2014 MAR 11 9:54 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,PLAINTIFF

VS.BRANDON M. PUDENZ

)))

)))

APPEARANCE AND PLEA OF NOT GUILTY

COMES NOW the Defendant and for his Appearance and Plea of Not Guilty states as

follows:

1. The undersigned attorney hereby enters his appearance on behalf of the

Defendant, Brandon M. Pudenz.

2. The Defendant, Brandon M. Pudenz, hereby enters his plea of not guilty to thecharge of OWI, First Offense.

Respectfully submitted,McCULLOUGH LAW FIRM701 West Main StreetPO Box 428

Sac City IA [email protected]

By:____________________________________Colin J. McCullough

Original Filed.

Copy to:County Attorney



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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012511 Plaintiff, vs. TRIAL INFORMATION

BRANDON MICHAEL PUDENZ,DOB: 10/15/1986 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, Brandon Michael

Pudenz of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE , a SeriousMisdemeanor in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Brandon Michael Pudenz, on or about March 6, 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 Smith

Sac County Courthouse100 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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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012511 STATE VS BRANDON MICHAEL PUDENZ

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 2014-03-27 10:54:42 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs BRANDON MICHAEL PUDENZ ,

Defendant.


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



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Type: ORDER FOR ARRAIGNMENT


So Ordered




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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. BRANDON MICHAEL PUDENZ ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 25, 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



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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 TitleOWCR012511 STATE VS BRANDON MICHAEL PUDENZType: ORDER SETTING TRIAL

So Ordered

Electronically signed on 2014-03-27 10:56:35

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

BRANDON MICHAEL PUDENZ,

Defendant.

Case No. OWCR012511

REPORT OF PRETRIALCONFERENCE

THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:

On MAY 21, 2014, the parties conducted a Pretrial Conference as ordered or inanticipation of the same. The State of Iowa was / is represented by Sac County

Attorney Ben Smith. The Defendant was / is represented by Attorney ColinMcCullough.

The parties, through the undersigned, represent the following to the Court:

A plea agreement has been reached the terms of which are as follows: Thedefendant has agreed to plead guilty, pay the minimum fine, serve a 30-day jailsentence with all but two days suspended, and be placed on informal probation.In return, the State has agreed to recommended the foregoing terms andconditions to the Court at the time of sentencing and has agreed it should beforever barred from filing / prosecuting a criminal charge against defendant forviolating Iowa Code Section 724.4 (carrying a weapon without a permit) on the

same facts and circumstances at issue in the OWI case. Defendant intends tosubmit a written guilty plea by June 18, 2014. Defendant intends to waivepresence at sentencing. Defendant intends to waive time between plea andsentencing.

__________________________Benjamin John Smith

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

E-FILED 2014 MAY 27 12:38 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs. BRANDON MICHAEL PUDENZ ,

Defendant.

02811 OWCR012511

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 06/18/2014 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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E-FILED 2014 MAY 27 4:31 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 JUN 12 12:43 PM SAC - CLERK OF DISTRICT COURT


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THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )) CRIM. NO. OWCR012511

Plaintiff, )) ORDER ACCEPTIN P!EA

"#. ) AND $UD MENT ENTRY)

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D*f*n ant. )

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E-FILED 2014 JUN 16 11:33 AM SAC - CLERK OF DISTRICT COURT


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COPIES TOC-3nt Att-(n*D*f*n#* C-3n#*lSa C-3nt S'*(iffI-/a D.O.T.Sa C-3nt P(- ati-n Offi *



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Type: OTHER ORDER


So Ordered



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Lake View Man Pleads Guilty to OWI 1st Offense

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