E-FILED 2014 FEB 01 3:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 8:40 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 9:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 03 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012495 vs. ROSS JOSEPH RENZE , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(c) - OPERATING WHILE UNDER THE INFLUENCE 3RD OFFENSE The Defendant herein appears before the undersigned Magistrate in and for Sac County, having been 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 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. 2. That he/she is charged with a violation(s) as stated above and classified as: Felony - Class D 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 days 5 Years Prison And/Or a fine of not less than $3,125 or more than $9,375 plus 35%25 surcharge and court costs You will lose your license for a minimum of 2,190 days and cannot obtain a work permit for undetermined days.
1 of 3

E-FILED 2014 FEB 03 10:20 AM SAC - CLERK OF DISTRICT COURT

4. 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. 5. (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 of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore 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 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 facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, 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 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: Waived Preliminary Hearing is scheduled on at : AM at the . 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 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 Defendant Defendant Sac County Sheriff

2 of 3

E-FILED 2014 FEB 03 10:20 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012495 Type: Case Title STATE VS ROSS JOSEPH RENZE HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2014-02-03 10:21:49

3 of 3

E-FILED 2014 FEB 04 10:10 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE, Defendant. : : : : : APPEARANCE; PLEA; WAIVER OF PRELIMINARY HEARING; AND REQUEST TO CONSOLIDATE CRIMINAL NO.: OWCR012495

COMES NOW attorney, Robert G. Rehkemper, and hereby enters his Appearance for the Defendant in the above captioned case. The Defendant pleads NOT GUILTY and waives Preliminary Hearing. Defendant further requests that any companion citations and/or misdemeanors be consolidated and that an arraignment date be set. Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Robert G. Rehkemper, AT6553 440 Fairway, Suite 210 West Des Moines, IA 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: rgrehkemper@grllaw.com ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on February 4, 2014. By: U.S. Mail Hand Delivered Certified Mail FAX Overnight Courier Other

ORIGINAL FILED. Copy to: Sac County Attorney

Michelle Nulph

E-FILED 2014 FEB 10 12:54 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012495 Plaintiff, vs. TRIAL INFORMATION ROSS JOSEPH RENZE, DOB: 12/19/1984 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, Ross Joseph Renze of the crime of OPERATING WHILE INTOXICATED, THIRD OR SUBSEQUENT OFFENSE, a Class D Felony in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Ross Joseph Renze, on or about January 31, 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. And Defendant having been convicted of/received a deferred judgment for such an offense two or more times before; the said Defendant, Ross Joseph Renze having received a deferred judgment for the crime of Operating While Intoxicated in Sac County Iowa, Sac County District Court, Cause No. OWCR009314 on July 21, 2003; and the said Defendant, Ross Joseph Renze having been convicted of the crime of Operating While Intoxicated in Carroll County Iowa, Carroll County District Court, Cause No. OWCR007706 on February 16, 2005. A TRUE INFORMATION

/s/Benjamin John Smith

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. ROSS JOSEPH RENZE Criminal No. OWCR012495 COUNT I: Operating While Intoxicated, Third or Subsequent Offense

NAMES OF WITNESSES:
KRISTAN ERSKINE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINILISTICTS LABORATORY DONNA GEERY, CLERK OF COURT, SAC COUNTY IOWA CLERK OF DISTRICT COURT LINDA FRANK, CLERK OF COURT, CARROLL COUNTY IOWA CLERK OF DISTRICT COURT JACOB RAY MEISTER, OCCUPATION UNKNOWN MELISSA SUE MEISTER, OCCUPATION UNKNOWN SARA ANN SCHULTZ, OCCUPATION UNKNOWN

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012495 Approval of Trial Information Case Title STATE VS ROSS JOSEPH RENZE

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2014-02-26 11:35:45

page 3 of 3

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs ROSS JOSEPH RENZE ,

Case No: 02811 OWCR012495 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction 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 is scheduled on 03/19/2014 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 such hearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment under 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 show cause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to: County Attorney Defendant/Defense Attorney

E-FILED 2014 FEB 26 11:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012495 ORDER FOR ARRAIGNMENT Case Title STATE VS ROSS JOSEPH RENZE So Ordered

Electronically signed on 2014-02-26 11:35:45

page 2 of 2

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE, Defendant. : : : MOTION TO SUPPRESS : : CRIMINAL NO.: OWCR012495

COMES NOW, the Defendant, Ross Joseph Renze, by and through his attorney, Robert G. Rehkemper, and pursuant to Iowa Rule of Criminal Procedure 2.12, and for his Motion to Suppress Evidence, states the following: 1. Defendant, Ross Renze, is charged with the crime of Operating While Intoxicated in violation of Iowa Code section 321J.2. Statement of Facts 2. On January 31, 2014, at approximately 11:33 p.m., Mr. Renze was arrested by Deputy Kristan Erskine of the Sac County Sheriffs Office for Operating While Intoxicated. 3. Mr. Renze was subsequently transported to the Sac County Jail where implied

consent proceedings were invoked at approximately 12:03 a.m. 4. Upon arriving at the station, Mr. Renze invoked his rights pursuant to Iowa Code section 804.20, calling his brother and requesting that his brother come down to the Sac County Jail to consult with him.

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

5. Mr. Renze then specifically requested an in-person consultation with his brother prior to making his decision regarding chemical testing and at approximately 12:12:10 am, Mr. Renze told Deputy Erskine that he had someone coming to meet with him shortly. 6. At 12:19:10 a.m, Deputy Erskine receives a phone call informing her that Mr. Renzes brother has arrived at the Sac County Jail and she leaves the room to speak with his brother. 7. At 12:21:00 a.m., a male deputy informs Mr. Renze that his family members or anyone else who comes to consult with him will not be allowed to do so and that any further calls to get someone down to the station would be a complete waste of time. 8. At 12:21:50 a.m. the male deputy then requested that Mr. Renze make a decision regarding chemical testing, stating that if Mr. Renze was to try to wait and not make a decision that he would get marked as a refusal and Im pretty sure thats not what you want to do. 9. After being refused his right to a consultation with a family member, Mr. Renze submitted to the Datamaster test at 12:23:00 am, and was booked into the Sac County Jail for Operating While Intoxicated. Legal Argument I. Iowa Code section 804.20 was violated. 10. Iowa Code section 804.20, states in relevant part: Any peace officer or other person having custody of any person arrested or restrained of the persons liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to
2

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

call, consult, and see a member of the persons family or any attorney of the persons choice, or both. Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney. . . . (emphasis added) 11. The word shall imposes a duty. Iowa Code 4.1(30)(a); see also Didonato v. Iowa Department of Transportation, 456 N.W.2d 367, 370 (Iowa 1990). 12. The officers duties under 804.20 are mandatory. See Didonato v. Iowa Department of Transportation, 456 N.W.2d 367, 370 (Iowa 1990). 13. The statutory right of an arrestee to contact and consult with a family member is neither more nor less qualified than the right to contact and see an attorney. See State v. Moorehead, 699 N.W.2d 667 (Iowa 2005). 14. The opportunity to contact and see a family member or attorney must be provided prior to the officer requiring a decision regarding chemical testing. See State v. Vietor, 261 N.W.2d 828, 832 (Iowa 1978). 15. When an individuals statutory right to contact an attorney or family member prior to deciding whether or not to submit to chemical testing is violated, the test result or test refusal is inadmissible at the criminal trial. Id. 16. In the instant case the facts are clear; Mr. Renze requested to consult in person with a family member prior to making a decision regarding chemical testing. The officer denied Mr. Renzes request for an in-person consultation. As such, a violation of Iowa Code section 804.20 occurred and the breath test obtained in this case must be suppressed as well as all statements obtained from the defendant following the violation of 804.20. See State v. Moorehead, 669 N.W.2d 667 (Iowa 2005).
3

E-FILED 2014 MAR 18 10:55 AM SAC - CLERK OF DISTRICT COURT

WHEREFORE defendant, Ross Joseph Renze, respectfully requests hearing on his Motion and upon hearing, that all evidence obtained as a result of the violation of his constitutional and statutory rights be suppressed.

Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Robert G. Rehkemper, AT6553 440 Fairway, Suite 210 West Des Moines, IA 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: rgrehkemper@grllaw.com ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on March 18, 2014. By: U.S. Mail Hand Delivered Certified Mail FAX Overnight Courier Other

ORIGINAL FILED. Copy to: Sac County Attorney

Michelle Nulph

E-FILED 2014 MAR 18 12:37 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE , Defendant. The defendant having filed a written arraignment in this matter on March 18, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows: Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE DEFENDANT'S ARREST MAY ISSUE.

Case No: 02811 OWCR012495 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

Jury Trial: Jury Trial is scheduled on 05/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of 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 depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.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 for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
1 of 3

E-FILED 2014 MAR 18 12:37 PM 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

2 of 3

E-FILED 2014 MAR 18 12:37 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012495 Type: Case Title STATE VS ROSS JOSEPH RENZE ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-03-18 12:37:39

3 of 3

E-FILED 2014 MAR 18 12:39 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

vs.

Case No: 02811 OWCR012495 ORDER SETTING HEARING

ROSS JOSEPH RENZE , Defendant.

The Court is in receipt of the Defendant's "Motion to Suppress" and the same should be set for hearing. IT IS ORDERED that a SUPPRESSION Hearing is scheduled on 04/02/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Hearing shall take place in Courtroom 1. One hour has been scheduled for said hearing.

Clerk to provide copies to: County Attorney Attorney of Record

1 of 2

E-FILED 2014 MAR 18 12:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012495 Type: Case Title STATE VS ROSS JOSEPH RENZE ORDER SETTING HEARING So Ordered

Electronically signed on 2014-03-18 12:39:57

2 of 2

E-FILED 2014 APR 02 1:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plai !i"", #$. ROSS &OSEPH REN'E, D("( )a !. : CRIMINAL NO.: OWCR012495 : : : : ORDER SUPPRESSIN% CHEMICAL TEST RESULT

T*( C+,-! *a#i . -(#i(/() D("( )a !0$ M+!i+ !+ S,11-($$ E#i)( 2( a ) 3(i . a)#i$() !*a! !*( S!a!( +" I+/a $!i1,la!($ !+ !*( "a2!$ $(! "+-!* i D("( )a !4$ M+!i+ a ) + l+ .(- -($i$!$ $ai) M+!i+ , FINDS !*a! D("( )a !4$ M+!i+ $*+,l) 3( .-a !(). IT IS THEREFORE ORDERED !*a! D("( )a !4$ M+!i+ !+ S,11-($$ E#i)( 2( i$ .-a !() "+- !*( -(a$+ $ $(! "+-!* i D("( )a !4$ M+!i+ . D("( )a !4$ "ail,-( +" !*( 2*(5i2al !($! +" *i$ 3-(a!* + F(3-,a-6 1, 2014, i$ *(-(36 $,11-($$().

E-FILED 2014 APR 02 1:34 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012495 OTHER ORDER Case Title STATE VS ROSS JOSEPH RENZE So Ordered

Electronically signed on 2014-04-02 13:34:41

page 2 of 2

E-FILED 2014 APR 03 1:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 03 1:14 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 APR 03 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 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, as part of a Plea Agreement, Defendant is pleading to the charge of: Reckless Driving, a Simple Misdemeanor in violation of Iowa Code Section 321.277 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 substituted and amended Trial Information. No. OWCR012495 REQUEST FOR LEAVE OF COURT TO AMEND TRIAL INFORMATION

Prosecuting Attorney Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on April 3, 2014 by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [x ] EDMS Signature: /s/Norma Hecht

E-FILED 2014 APR 03 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ROSS JOSEPH RENZE, DOB: 12/19/1984 Defendant. CRIMINAL CAUSE NO. OWCR012495

AMENDED TRIAL INFORMATION

COUNT I COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses Defendant, Ross Joseph Renze of the crime of RECKLESS DRIVING, a Simple Misdemeanor in violation of Iowa Code Section 321.277 committed as follows: The said Defendant, Ross Joseph Renze, on or about January 31, 2014, in the County of Sac and State of Iowa, did unlawfully and willfully drive any vehicle in such a manner as to indicate either willfull or a wanton disregard for safety of persons or property. A TRUE INFORMATION

Prosecuting Attorney

Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 APR 03 2:08 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 OWCR012495 Plaintiff, vs. ROSS JOSEPH RENZE , Defendant.

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in this cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 04/16/2014 at 9:00 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 arrest being issued.

1 of 2

E-FILED 2014 APR 03 2:08 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012495 Type: Case Title STATE VS ROSS JOSEPH RENZE OTHER ORDER So Ordered

Electronically signed on 2014-04-03 14:08:09

2 of 2

E-FILED 2014 APR 03 2:11 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Case N . OWCR!"#$%& Plaintiff, vs. ORDER ROSS JOSEPH RENZE, Defendant. NOW, n t'is ()d da* f A+)il, #!"$, t'e C ,)t is in )e-ei+t f t'e State.s Re/,est f ) 0eave f C ,)t t A1end T)ial Inf )1ati n. T'e Re/,est s' ,ld 2e 3)anted. IT IS THEREFORE ORDERED t'at t'e State.s Re/,est is 3)anted. T'e T)ial Inf )1ati n is a1ended t +) vide t'at Defendant is n 4 -'a)3ed 4it' Re-5less D)ivin3, a Si1+le 6isde1ean ), in vi lati n f I 4a C de Se-ti ns (#".#77.

Cle)5 t f,)nis' - +ies t 8 C ,nt* Att )ne* Defense C ,nsel

E-FILED 2014 APR 03 2:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012495 OTHER ORDER Case Title STATE VS ROSS JOSEPH RENZE So Ordered

Electronically signed on 2014-04-03 14:11:16

page 2 of 2

E-FILED 2014 APR 03 3:12 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY ______________________________________________________________________________ STATE OF IOWA, Plaintiff, v. ROSS JOSEPH RENZE, : : : : PLEA OF GUILTY CRIMINAL NO.: OWCR012495

Defendant. : ______________________________________________________________________________ COMES NOW the defendant, Ross Renze, by and through the undersigned attorney, and hereby enters his plea of guilty to the charge of Reckless Driving in violation of Iowa Code Section 321.277. The Defendant to pay a fine in the amount of $625.00 plus court costs and surcharge.

Respectfully submitted, Gourley, Rehkemper & Lindholm, PLC

________________________________ By: Robert G. Rehkemper, AT6553 440 Fairway, Suite 210 West Des Moines, IA 50266 Telephone Number (515) 226-0500 Facsimile: (515) 244-2914 E-mail: rgrehkemper@grllaw.com ATTORNEY FOR DEFENDANT Original filed. Copy to: Sac County Attorney
CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on April 3, 2014. By: U.S. Mail Hand Delivered Certified Mail FAX Overnight Courier Other

Michelle Nulph

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plain i!!, "#. ROSS $OSEPH REN&E, D'!'n(an . ) ) ) ) ) ) ) ) )

CRIM. NO. OWCR012495

$UD%MENT AND SENTENCE

)E IT REMEM)ERED *a +n *' 4 * (a, +! A-.il, 2014, *' a/+"'0'n i l'( 1a '. 2a1' /'!+.' *' C+3. !+. -3.-+#'# +! D'!'n(an 4# -l'a +! 53il , + an a1'n('( 2*a.5' +! R'26l'## D.i"in5, a #i1-l' 1i#('1'an+., in "i+la i+n +! I+7a C+(' S'2 i+n 821.299. T*' D'!'n(an a--'a.'( /, *i# 2+3n#'l, R+/'. %. R'*6'1-'., an( *' S a ' 7a# .'-.'#'n '( /, Sa2 C+3n , A +.n', )'n S1i *. T*' C+3. +n +(a,4# (a ' a22'- '( D'!'n(an 4# -l'a +! 53il , a# a3 *+.i:'( in a 7.i 'n 2+113ni2a i+n !.+1 *i# 2+3n#'l. T*' -a. i'# .';3'# '( *a *', -.+2''( + #'n 'n2in5 +(a,. IT IS THE $UD%MENT AND SENTENCE OF THIS COURT *a *' D'!'n(an i# 2+n"i2 '( +! *' 2.i1' +! R'26l'## D.i"in5, a #i1-l' 1i#('1'an+., in "i+la i+n +! I+7a C+(' S'2 i+n 821.299. IT IS FURTHER ORDERED *a D'!'n(an #*all /' !in'( in *' a1+3n +! <=25.00, -l3# a--li2a/l' #3.2*a.5' -3.#3an + I+7a C+(' S'2 i+n 911.1>1) an( 2+3. 2+# #. D'!'n(an #*all -a, *'#' !inan2ial +/li5a i+n# + *' Cl'.6 +! C+3. +! *i# 2+3n , +. +nlin' a 777.i+7a2+3. #.5+". All #32* !inan2ial +/li5a i+n# #*all /' -ai( in !3ll +n +. /'!+.' *' 80 * (a, !+ll+7in5 *' !ilin5 +! *i# O.('.. I! *' !inan2ial +/li5a i+n# a.' n+ -ai( in !3ll 7i *in 80 (a,# +! !ilin5 +! *i# O.('., i 1a, /' 2+n#i('.'( a "i+la i+n +! *i# O.('. an( *' '.1# +! D'!'n(an 4# -.+/a i+n. In a((i i+n, -3.#3an + I+7a C+(' S'2 i+n =02.?109, a !ail3.' + -a, in !3ll 7i *in 80 (a,# 1a, .'#3l in *i# 2a#' /'in5 a##i5n'( + *' C'n .ali:'( C+ll'2 i+n Uni +! *' I+7a D'-a. 1'n +! R'"'n3' +. i # ('#i5n'' + 2+ll'2 *' ('/ # +7'( + *' Cl'.6 +! C+3. . In *' '"'n *i# 1a '. i# a##i5n'( !+. 2+ll'2 i+n, a((i i+nal !''# 1a, /' i1-+#'( -3.#3an + la7. T*' .'a#+n# !+. *i# #'n 'n2' in2l3(' *' !+ll+7in5@ D'!'n(an 4# a5'A -.i+. 2.i1inal *i# +.,A a i 3(' +7a.( .'*a/ili a i+nA !a2 # an( 2i.231# an2'# +! *i# 2a#'A !a1il, an( '1-l+,1'n 2i.231# an2'#A n''( !+. -.+ '2 i+n +! *' 2+113ni , an( (' '..'n i1-a2 3-+n D'!'n(an an( + *'.# #i1ila.l, #i 3a '(. Any bond money previously posted is released and exonerated.

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT

T*' D'!'n(an i# a("i#'( +! *' .i5* + a--'al *i# $3(51'n an( S'n 'n2'. )+n( +n a--'al i# <500 2a#*. IT IS FURTHER ORDERED *a Ca#' N+. STA0019==9 i# (i#1i##'( 3-+n 1+ i+n +! *' 2+3n , a +.n', an( -3.#3an + -l'a a5.''1'n . C+# # a.' aB'( + D'!'n(an . Cl'.6 + -.+"i(' 2+-i'# +@ C+3n , A +.n', D'!'n#' C+3n#'l I+7a DOT

E-FILED 2014 APR 04 9:47 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012495 STA0019667 OTHER ORDER Case Title STATE VS ROSS JOSEPH RENZE STATE vs. RENZE, ROSS JOSEPH So Ordered

Electronically signed on 2014-04-04 09:47:51

page 3 of 3