Kayla Jean McKee was charged with operating a motor vehicle while under the influence (OWI), second offense. At her initial appearance, the court advised her of her rights and the charges and penalties against her. McKee was released on conditions that included not using drugs or alcohol, obeying all laws, and completing a substance abuse evaluation. A trial information was filed charging McKee with OWI, second offense. The court approved the trial information and set an arraignment hearing.
Kayla Jean McKee was charged with operating a motor vehicle while under the influence (OWI), second offense. At her initial appearance, the court advised her of her rights and the charges and penalties against her. McKee was released on conditions that included not using drugs or alcohol, obeying all laws, and completing a substance abuse evaluation. A trial information was filed charging McKee with OWI, second offense. The court approved the trial information and set an arraignment hearing.
Kayla Jean McKee was charged with operating a motor vehicle while under the influence (OWI), second offense. At her initial appearance, the court advised her of her rights and the charges and penalties against her. McKee was released on conditions that included not using drugs or alcohol, obeying all laws, and completing a substance abuse evaluation. A trial information was filed charging McKee with OWI, second offense. The court approved the trial information and set an arraignment hearing.
E-FILED 2014 FEB 22 12:12 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 24 9:11 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, Plaintiff,
vs.
KAYLA JEAN MCKEE , Defendant.
Case No: 02811 OWCR012505
INITIAL APPEARANCE OWI
Charges: 01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND 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 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 2 Years Prison And/Or a fine of not less than $1875 or more than $6250 plus 35% surcharge and court costs You will lose your license for a minimum of 365 days and cannot obtain a work permit for undetermined days.
1 of 4 E-FILED 2014 FEB 24 9:48 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 03/17/2014 at 9:30 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 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 2 of 4 E-FILED 2014 FEB 24 9:48 AM SAC - CLERK OF DISTRICT COURT Sac County Sheriff 3 of 4 E-FILED 2014 FEB 24 9:48 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE Type: HEARING FOR INITIAL APPEARANCE So Ordered Electronically signed on 2014-02-24 09:48:15 4 of 4 E-FILED 2014 FEB 24 9:48 AM SAC - CLERK OF DISTRICT COURT 1 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012505 Plaintiff, vs. TRIAL INFORMATION KAYLA JEAN MCKEE, DOB: 01/08/1987 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, Kayla Jean Mckee of the crime of OPERATING WHILE INTOXICATED, SECOND OFFENSE, an Aggravated Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: The said Defendant, Kayla Jean Mckee, on or about February 21, 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 the crime once before; the said Defendant, Kayla Jean Mckee having been convicted of the crime of Operating While Intoxicated in Crawford County Iowa, in Crawford County District Court, Count II of Criminal Cause #AGCR062635, on September 15, 2008. 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 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT 2 THE STATE OF IOWA vs. KAYLA JEAN MCKEE----------------------- WITNESS LIST Criminal No. OWCR012505 COUNT I: Operating While Intoxicated, Second Offense NAMES OF WITNESSES: MATT BIEDE, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT KAREN KAHL, CLERK OF DISTRICT COURT, STATE OF IOWA, CRAWFORD COUNTY CLERK OF DISTIRCT COURT MICHAEL M. TATE, JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION CRIMINALISTICS LABORATORY E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE 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 2014-03-07 08:45:38 page 3 of 3 E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
KAYLA JEAN MCKEE ,
Defendant.
Case No: 02811 OWCR012505
ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND
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 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE So Ordered Electronically signed on 2014-03-07 08:45:38 page 2 of 2 E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 12 4:22 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 14 4:55 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAR 14 4:55 PM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
KAYLA JEAN MCKEE ,
DEFENDANT.
Case No. 02811 OWCR012505
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on March 14, 2014.
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 H. Reitz.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on May 13, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 05/05/2014 at 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 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 17 10:36 AM SAC - CLERK OF DISTRICT COURT CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY REED HENRY REITZ 2 of 3 E-FILED 2014 MAR 17 10:36 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-03-17 10:37:12 3 of 3 E-FILED 2014 MAR 17 10:36 AM SAC - CLERK OF DISTRICT COURT IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA,
Plaintiff,
vs.
KAYLA JEAN MCKEE ,
Defendant.
Case No: 02811 OWCR012505
RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.
The defendant having filed a written arraignment in this matter on March 14, 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.
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.
The Order filed on March 17, 2014 by the District Court was entered in error. The pretrial conference scheduled for May 5, 2014 at 9:00 a.m. is rescheduled as set forth above.
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 1 of 3 E-FILED 2014 MAR 19 9:16 AM SAC - CLERK OF DISTRICT COURT 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.
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 19 9:16 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-03-19 09:16:52 3 of 3 E-FILED 2014 MAR 19 9:16 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. KAYLA JEAN MCKEE, Defendant. Case No. OWCR012505 REPORT OF PRETRIAL CONFERENCE THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT: On May 6, 2014, the parties conducted a Pretrial Conference as ordered or in anticipation of the same. The State was / is represented by Sac County Attorney Ben Smith, and that defendant was / is represented by Attorney Reed Reitz The parties, through the undersigned, represent the following to the Court: A plea agreement has been reached the terms of which are as follows: The defendant will plead guilty, pay the minimum fine and all other applicable costs and fees, serve a 90-day jail sentence, with all seven days suspended with defendant placed on informal probation, with defendant being able to serve said sentence in 48-hour increments and be eligible for the Sac County Jails work- release program; and the State will recommend all the above. Defendant intends to submit a written guilty plea by May 21, 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: attorney@saccounty.org E-FILED 2014 MAY 06 7:31 PM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
KAYLA JEAN MCKEE ,
Defendant.
02811 OWCR012505
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 05/21/2014 at 9:30 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 arrest being issued.
1 of 2 E-FILED 2014 MAY 07 9:07 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE Type: OTHER ORDER So Ordered Electronically signed on 2014-05-07 09:08:20 2 of 2 E-FILED 2014 MAY 07 9:07 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 19 3:31 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 19 3:31 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 19 3:31 PM SAC - CLERK OF DISTRICT COURT THE IOWA DISTRICT COURT FOR SAC COUNTY
Cl'%@ t* f4%ni#$ ,*)i'# t*C C*4nt3 Att*%n'3 D'f'n#' C*4n#'l I*1a D.O.T. Sa, C*4nt3 ail E-FILED 2014 MAY 22 11:19 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title OWCR012505 STATE VS KAYLA JEAN MCKEE So Ordered Electronically signed on 2014-05-22 11:19:33 page 3 of 3 E-FILED 2014 MAY 22 11:19 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 23 11:29 AM SAC - CLERK OF DISTRICT COURT