Defendant has been charged with the crime of Operating While Intoxicated - / J T offense, being a violation of Section j-T> degf n e Code of Iowa. The maximum punishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - minimum days b) Years Prison c) a fine of not less than $ 3$b or more than $ 111 f J I t
Defendant has been charged with the crime of Operating While Intoxicated - / J T offense, being a violation of Section j-T> degf n e Code of Iowa. The maximum punishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - minimum days b) Years Prison c) a fine of not less than $ 3$b or more than $ 111 f J I t
Defendant has been charged with the crime of Operating While Intoxicated - / J T offense, being a violation of Section j-T> degf n e Code of Iowa. The maximum punishment for a plea of guilty or conviction of the above charge is: a) One Year County Jail - minimum days b) Years Prison c) a fine of not less than $ 3$b or more than $ 111 f J I t
E-FILED 2014 MAY 10 3:53 AM SAC - CLERK OF DISTRICT COURT
DISTRICT COURT Of IOWA
SAC COUNTY FILED IN THE IOWA DISTRICT COURT FOR SAC COUNTY ZOm HAY 12 AH 8= 07 MAGI STRATE DIVISION STATE OF IOWA, Plaintiff MAGI STRATE NO INITIAL AP P EARANCE OWI Defendant On this / , j a y 0 f ^ j / l , 20 / */ the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While Intoxicated - / J T offense, being a violation of Section j-T> ^ f * n e Code of Iowa. 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 of Section , which is 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: a) One Year County Jail - Minimum days b) Years Prison . _ ^ c) K And/Or a fine of not less than $ \ 3$b or more than $ 111* f J * I t i H t f C 6 W s d) K. You will lose your license for a minimum of j jfQ days and cannot obtain a work"permit for Q days. 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. 0' ^VITJ- . fel^/V~JC/^ flr&V<. S u ''ty / a Glass D fuluiiy/serious misdemeanor; or ifi f h QL\*-# (b) TN (If appropriate) Upon consideration of the factors in Section 811.2, the-ourt is not reasonably assured that vomJH-gppear ar an court proceedings in the tntill-B illUI MnriTlire the (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 . I j Court imposes the following conditions on your release: L/H- (1) You must not use alcohol or drugs during the pendency of this matter. jl) f f f f ^ ^ ^ ^ You must not drive while your license is under suspension. IA iM ' V * ^ You must obey the laws of the State of Iowa and the United States. *' ' " 1 ' (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 P.O. Box 368. Sac City. IA 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY. AND YOUR FAI LURE TO COMP LY WI LL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATI ON OF YOUR PRETRI AL 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 day of .20/1 atfgQ A. M. in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. c*- ! ' I If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 I 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 SHERI FF' 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 SHERI FF' S DEPARTMENT IS ORDERED AT HIS CONVENI ENCE TO PI CK 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 y,ou are hearing'fmj^aired, call Relay Iowa TTY at 1-800-735-2942.) Warren L. Bush . Judicial Magistrate Copies to: County Attorney Defendant Sac County Sheriff E-FILED 2014 MAY 14 10:53 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 14 10:53 AM SAC - CLERK OF DISTRICT COURT 1 IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012543 Plaintiff, vs. TRIAL INFORMATION DEREK JEFFREY WOLTERMAN, DOB: 09/29/1995 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, Derek Jeffrey Wolterman 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, Derek Jeffrey Wolterman on or about May 10, 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 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 MAY 29 12:54 PM SAC - CLERK OF DISTRICT COURT 2 THE STATE OF IOWA vs. DEREK JEFFREY WOLTERMAN Criminal No. OWCR012543 COUNT I: Operating While Intoxicated, First Offense NAMES OF WITNESSES: JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT MICHAEL M. TATE , JAMES A. BLESKACEK, OR DESIGNATED CRIMINALIST, CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY E-FILED 2014 MAY 29 12:54 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: Approval of Trial Information Case Number Case Title OWCR012543 STATE VS DEREK JEFFREY WOLTERMAN 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 2014-05-29 12:54:40 page 3 of 3 E-FILED 2014 MAY 29 12:54 PM SAC - CLERK OF DISTRICT COURT Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs
DEREK JEFFREY WOLTERMAN ,
Defendant.
Case No: 02811 OWCR012543
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 06/18/2014 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 MAY 29 12:54 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: ORDER FOR ARRAIGNMENT Case Number Case Title OWCR012543 STATE VS DEREK JEFFREY WOLTERMAN So Ordered Electronically signed on 2014-05-29 12:54:41 page 2 of 2 E-FILED 2014 MAY 29 12:54 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 30 2:33 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 MAY 30 2:33 PM SAC - CLERK OF DISTRICT COURT 2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
PLAINTIFF,
vs.
DEREK JEFFREY WOLTERMAN ,
DEFENDANT.
Case No. 02811 OWCR012543
ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on May 30, 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 Dan Connell.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on July 22, 2014 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 07/14/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY DAN CONNELL DISTRICT COURT ADMINISTRATOR 1 of 2 E-FILED 2014 JUN 02 11:55 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012543 STATE VS DEREK JEFFREY WOLTERMAN Type: ORDER SETTING TRIAL So Ordered Electronically signed on 2014-06-02 11:55:07 2 of 2 E-FILED 2014 JUN 02 11:55 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. DEREK JEFFREY WOLTERMAN, Defendant. Case No. OWCR012543 REPORT OF PRETRIAL CONFERENCE THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT: On July 9, 2014, the parties conducted a Pretrial Conference over the telephone. The State of Iowa appeared by Sac County Attorney Ben Smith. The Defendant appeared through Attorney Dan Connell. 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 agrees to plead guilty to Count 1 of the Trial Information and pay all the minimum applicable fines, fees, and costs, and the State agrees to recommend that Defendant receive informal probation. The Defendant intends to submit a written guilty plea by August 8, 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: attorney@saccounty.org E-FILED 2014 JUL 09 9:18 AM SAC - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
DEREK JEFFREY WOLTERMAN ,
Defendant.
02811 OWCR012543
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 08/06/2014 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 JUL 09 1:06 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Case Number Case Title OWCR012543 STATE VS DEREK JEFFREY WOLTERMAN Type: OTHER ORDER So Ordered Electronically signed on 2014-07-09 13:06:43 2 of 2 E-FILED 2014 JUL 09 1:06 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 21 2:10 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 21 2:10 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 21 2:10 PM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 21 2:10 PM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
DEREK JEFFREY WOLTERMAN,
Defendant.
OWCR0!"#$
RECORD OF PLEA OF GUILTY AND SENTENCING ORDER
CHARGE: O%e&atin' W(ile Int)*i+ated, Fi&,t Offen,e, a ,e&i)-, .i,de.ean)&, in vi)lati)n )f I)/a C)de 0 $!J.!
Defendant (a, filed a /&itten '-ilt1 %lea and a /aive& )f Defendant2, &i'(t t) 3e %&e,ent f)& ,enten+in'. Defendant a,4, t(at t(e %lea t) t(e a3)ve +(a&'e 3e a++e%ted and t(at ,enten+e 3e i.%),ed %-&,-ant t) t(e %lea a&&an'e.ent a'&eed -%)n 31 t(e %a&tie, /it()-t t(e f)&.alit1 )f t(e &e+)&d &e5-i&ed 31 R-le, !.6 and !.0 )f t(e I)/a R-le, )f C&i.inal P&)+ed-&e. T(e C)-&t (e&e31 inf)&., Defendant t(at Defendant2, %lea )f '-ilt1 t) t(e a3)ve7&efe&en+ed +(a&'e i, a++e%ted.
IT IS THE ORDER OF THE COURT AS FOLLOWS: . Defendant i, ad8-di+ated '-ilt1 )f t(e +&i.e )f O%e&atin' W(ile Int)*i+ated, Fi&,t Offen,e, in vi)lati)n )f I)/a C)de 0 $!J.!. !. Defendant i, (e&e31 ,enten+ed a, f)ll)/,9 a. Defendant ,(all %a1 all )f t(e f)ll)/in' finan+ial )3li'ati)n,9 :; a fine in t(e ,-. )f <,!"0.00= :!; a $"> ,-&+(a&'e )f <#$?."0= :$; a <0.00 DARE ,-&+(a&'e %-&,-ant t) I)/a C)de Se+ti)n @.!= :#; &e,tit-ti)n in an a.)-nt t) 3e dete&.ined at a late& ti.e. T(e State ,(all file a ,tate.ent )f %e+-nia&1 da.a'e, /it(in $0 da1, )f t)da12, date, )& n) &e,tit-ti)n ,(all 3e )&de&ed. A%)n filin' )f ,-+( a ,tate.ent, t(e a.)-nt +lai.ed in t(e ,tate.ent ,(all 3e +)n,ide&ed t) 3e )&de&ed t) 3e %aid -nle,, Defendant )38e+t, t) t(e +lai.ed a.)-nt 31 filin' an )38e+ti)n /it(in 0 da1, )f t(e filin' )f t(e ,tate.ent. In t(at event, t(e C)-&t ,(all i,,-e an )&de& e,ta3li,(in' t(e &e,tit-ti)n a.)-nt, /it( )& /it()-t a (ea&in' a, t(e C)-&t dee., a%%&)%&iate= and :"; t(e +)-&t +),t, )f t(i, a+ti)n E-FILED 2014 JUL 22 10:09 AM SAC - CLERK OF DISTRICT COURT
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B)/eve&, ,in+e n) %e&,)nal )& %&)%e&t1 in8-&1 &e,-lted f&). Defendant2, a+ti)n,, <C!".00 )f t(e fine and <!6.?" )f t(e ,-&+(a&'e ,(all 3e /aived -%)n Defendant2, filin' )f %&))f, at t(e end )f t(e .ini.-. %e&i)d )f ineli'i3ilit1, )f a te.%)&a&1 &e,t&i+ted li+en,e i,,-ed t) Defendant %-&,-ant t) I)/a C)de Se+ti)n $!J.!0.
Defendant ,(all %a1 all finan+ial )3li'ati)n, t) t(e Cle&4 )f C)-&t )f t(i, +)-nt1 )& )nline at ///.i)/a+)-&t,.')v. Defendant ,(all .a4e %a1.ent, a++)&din' t) a %lan )f %a1.ent t) 3e devel)%ed 31 (i, %&)3ati)n )ffi+e&.
:$; Defendant i, %&)(i3ited f&). +)n,-.in' )& %),,e,,in' al+)()l )& an1 ille'al d&-' )& an1 d&-' f)& /(i+( Defendant d)e, n)t (ave a valid %&e,+&i%ti)n. In additi)n, Defendant i, %&)(i3ited f&). 3ein' at an1 l)+ati)n /(e&e al+)()l )& ille'al d&-', a&e %&e,ent, &e'a&dle,, )f /(et(e& Defendant i, a+t-all1 in %),,e,,i)n )f )& +)n,-.in' ,-+( al+)()l )& ille'al d&-',. T(i, %&)(i3iti)n d)e, n)t %&)(i3it Defendant f&). 3ein' at a %-3li+ l)+ati)n :e.'., &e,ta-&ant; /(e&e al+)()l i, ,e&ved, ,) l)n' a, t(e %&i.a&1 %-&%),e )f t(e e,ta3li,(.ent i, n)t t(e ,e&vin' )f al+)()l and Defendant i, n)t +)n,-.in' )& in %),,e,,i)n )f al+)()l at t(at l)+ati)n= and
:#; Defendant ,(all +).%l1 /it( all te&., )f t(i, O&de&, in+l-din' %a1in' all finan+ial )3li'ati)n, and +).%letin' all &e5-i&ed ta,4, in a ti.el1 .anne&=
d. Defendant (a, )3tained a ,-3,tan+e a3-,e eval-ati)n. Defendant ,(all f)ll)/ an1 &e+)..endati)n, f)& t&eat.ent )& +)-n,elin' .ade a, a &e,-lt )f t(e eval-ati)n, all at DefendantD, )/n e*%en,e= and
e. Defendant ,(all en&)ll in and +).%lete t(e D&in4in' D&ive&D, S+())l ,%)n,)&ed 31 t(e +)..-nit1 +)lle'e ,1,te.. On )& 3ef)&e t(e C0 t(
$. T(e C)-&t '&ant, t(i, ,enten+e 3e+a-,e it %&)vide, f)& Defendant2, &e(a3ilitati)n and t(e %&)te+ti)n )f t(e +)..-nit1. T(e C)-&t (a, +)n,ide&ed t(e ,enten+in' &e+)..endati)n )f t(e %a&tie,. #. Defendant (a, a ,tat-t)&1 &i'(t t) a%%eal 31 filin' /&itten n)ti+e )f a%%eal /it( t(e Cle&4 )f C)-&t )f t(i, +)-nt1 /it(in $0 da1, )f t(e date )f t(e,e %&)+eedin',. If Defendant i, -na3le t) %a1 t(e +),t, )f a%%eal, Defendant .a1 a%%l1 t) t(e C)-&t f)& a%%)int.ent )f +)-n,el and t(e f-&ni,(in' )f a t&an,+&i%t )f t(e eviden+e a, %&)vided in E-FILED 2014 JUL 22 10:09 AM SAC - CLERK OF DISTRICT COURT
4
I)/a C)de Se+ti)n, 6#.@ and 6#.. Filin' a n)ti+e )f a%%eal /it(in t(e ti.e and in t(e .anne& ,%e+ified in I)/a R-le )f A%%ellate P&)+ed-&e C.0 i, 8-&i,di+ti)nal and fail-&e t) +).%l1 /it( t(e,e %&)vi,i)n, ,(all %&e+l-de Defendant2, &i'(t )f a%%eal. ". A%%eal F)nd i, ,et in t(e a.)-nt )f <!,"00.00, +a,( )& ,-&et1. C. DefendantD, a%%ea&an+e 3)nd, if an1, i, e*)ne&ated, e*+e%t a, )t(e&/i,e %&)vided in t(i, O&de&.
Cle"# Shall F"nish Copies To: C)-nt1 Att)&ne1 Defen,e C)-n,el C)-nt1 S(e&iff I)/a De%a&t.ent )f T&an,%)&tati)n E-FILED 2014 JUL 22 10:09 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts Type: OTHER ORDER Case Number Case Title OWCR012543 STATE VS DEREK JEFFREY WOLTERMAN So Ordered Electronically signed on 2014-07-22 10:09:55 page 5 of 5 E-FILED 2014 JUL 22 10:09 AM SAC - CLERK OF DISTRICT COURT E-FILED 2014 JUL 22 4:30 PM SAC - CLERK OF DISTRICT COURT