E-FILED 2014 SEP 18 12:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 18 12:55 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 18 3:08 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 SEP 22 9:03 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR012647
vs.
KYLE JO FREESE ,
Defendant.
Defendant's Correct Address: 2016 D Ave.
Scranton, IA 51462

INITIAL APPEARANCE
OWI

Charges:
01 - 321J.2(2)(b) - OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE
02 - 321.561 - DRIVING WHILE BARRED
2 aggravated misdemeanors: Each of the penalties for incarceration is doubled from what is shown.
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 on the OWI and not less than
625 nor greater than 6250 for the driving while barred
You will lose your license for a minimum of 365 days and cannot obtain a work permit for
365 days.
1 of 4

E-FILED 2014 SEP 22 9:03 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 10/13/2014 at 10:00 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 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

2 of 4

E-FILED 2014 SEP 22 9:03 AM SAC - CLERK OF DISTRICT COURT

Defendant
Sac County Sheriff

3 of 4

E-FILED 2014 SEP 22 9:03 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012647
Type:

Case Title
STATE VS KYLE JO FREESE
HEARING FOR INITIAL APPEARANCE
So Ordered

Electronically signed on 2014-09-22 09:02:39

4 of 4

E-FILED 2014 OCT 01 10:39 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,
vs

Case No: 02811 OWCR012647

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

KYLE JO FREESE ,

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 10/15/2014 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 OCT 01 10:39 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER FOR ARRAIGNMENT

Case Number
OWCR012647

Case Title
STATE VS KYLE JO FREESE
So Ordered

Electronically signed on 2014-10-01 10:40:27

page 2 of 2

E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
CRIMINAL CAUSE NO. OWCR012647
Plaintiff,
vs.
TRIAL INFORMATION
KYLE JO FREESE,
DOB: 08/08/1985
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, Kyle Jo Freese 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, Kyle Jo Freese, on or about September 17, 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 having been convicted of/received a deferred judgment for the crime once before; the said
Defendant, Kyle Jo Freese having been convicted of the crime of Operating While Intoxicated in
Sac County Iowa, in Sac County District Court, Cause No.OWCR012360 on or about the 31st
day of October 2013.
COUNT II
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, Kyle Jo Freese of the
crime of OPERATING A MOTOR VEHICLE WHILE LICENSE IS BARRED UNDER SECTION
321.560 AS A HABITUAL OFFENDER, an Aggravated Misdemeanor in violation of Iowa Code
Sections 321.560 and 321.561 committed as follows:

E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT

The said Defendant, Kyle Jo Freese, on or about September 17, 2014 in the County of
Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle within the state while
license has been barred for being an habitual offender under section 321.555 and 321.556 of
the Code of Iowa.
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 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. KYLE JO FREESE

Criminal No. OWCR012647
COUNT I: Operating While Intoxicated, Second Offense
COUNT II: Operating a Motor Vehicle While License is Barred Under Section 321.560 as
a Habitual Offender

NAMES OF WITNESSES:

JOEL BURNS, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

DONNA GEERY, CLERK OF COURT, SAC COUNTY IOWA DISTRICT COURT
JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,
CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL
INVESTIGATION DIVISION, CRIMINALISTICS LABORATORY
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF
TRANSPORTATION

E-FILED 2014 OCT 01 10:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

Approval of Trial Information

Case Number
OWCR012647

Case Title
STATE VS KYLE JO FREESE

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 2014-10-01 10:40:26

page 4 of 4

DISTRICT CD'uK i Ur |0WA

SAC COUNTY
FILED

201 M nr.T 15 AH 9: 03
Sac

IN THE IOWA DISTRICT COURT FOR

COUNTY
Criminal

STATE OF IOWA or
Plaintiff/Petitioner,

Civil

NO. q ^ . K . a i ^ W ^

vs.

'

FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
Defendant/Respondent.

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:
' Name:

f/<^<-C

Home Phone:

BiithDate:
Cell Phone: J j j ' O f h floQ E-mail:

Street Address: <jO / j

fl,Al/.
Street/P.O. Box

Apt#

City

State

Pending charges: P f l V I M j . W i , ! / ^ L i f A

O U i

Do you have ajob?

Yes, Part Time (List Hours/week: H~Q ~ J>Q

NoJob

$ Yes, Full Time

Zip

In Jail? Yes # No
)

Who do you work for? /Vffl.Ch& t\ /V_

How much money do you currently make before taxes or deductions? / ct

per J^l hour month year

How much money have you made in the last 12 months from any source, before taxes or deductions?

~f~hrti{

How many family members are supported by or Kve with you? Q

If a spouse lives with you, how much money does your spouse make?

per hour month year

List all other money you, or anyone else living in your household, has coming in: f \ Q f )

List what you own mcluding money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $ ljiPj_jg
~

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

loo month

-**ri

1 So

ft

ch,(A support /Sn r n o r \ - t h n

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit I promise under penalty of perjury that the statements I make in this application are true
and that I am unable to pay for an attorney to represent me.

Date,(WW-/-

Signature / f y / f e

P f ^ > ^
Rev. 1/6/12

E-FILED 2014 OCT 15 10:36 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

02811 OWCR012647

KYLE JO FREESE ,

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

VS.

DEFENDANT.

The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant is not eligible for court-appointed counsel. Application denied.

1 of 2

E-FILED 2014 OCT 15 10:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012647
Type:

Case Title
STATE VS KYLE JO FREESE
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-15 10:36:24

2 of 2

E-FILED 2014 OCT 15 1:55 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

02811 OWCR012647

STATE OF IOWA,
Plaintiff,
v.

ORDER RESCHEDULING ARRAIGNMENT

KYLE JO FREESE ,
Defendant.

The Court finds that the arraignment should be rescheduled.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 11/05/2014
at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written
arraignment and plea of not guilty document in a form substantially similar to that set
forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the
Clerk of Court on or before the time set for arraignment, Defendant shall personally
appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:

County Attorney
Defendant

1 of 2

E-FILED 2014 OCT 15 1:55 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012647
Type:

Case Title
STATE VS KYLE JO FREESE
ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2014-10-15 13:55:24

2 of 2

E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICT COURT FOR SAC COUNTY

STATI]OF IOWA.

CRIMINAI,NO.OWCROI2647

Vs.

WRITTENARRAIGNMENT.
PLEAOFNOT GUII,TY

KYLE.]OFREESE.
Defendant

DateTrial Infbrmationfiled: 10/01/2014

criminalcaseand underoathstates:
COMLS NOW the Defendantin the above-captioned
by Attorne-vCharlesA. Schulte.whoseaddressand phonenumberare
1. I am represented
421 Main St..PO Box 392.SacCity,IA. 50583;(712)662'1115.
2. M-vcurrentmailing and residenceaddressand phonenumberare 2016 D. Ave..
lA 51462.My phonenumberis: 515-391-l400My dateof birthis 08-08Scranlon,
1985. I canreadand understandthe Englishlanguageand havecompletedthe lbllowing
ler.elofcducation:12 Years.
that I havea right to arraignment
4. I l.ravebecnadvisedby m1'attorneyand understand
in openCour1.and I voluntarilyn'aivethat right, choosinginsteadto sign this Written
that times lbr firrthcrproceedings
Arraignmentand Pleaof Not Guilty. I understand
u,hich are computedlrom the date of arraignmentrvill be computedfiom the datc of
filing this WrittenArraignmentand Pleao1Not Guilt"v.
5. I havereceiveda copy of the Trial Informationu'hich chargcsme with the crimc of
COUNT I: OPERA.TING WHILE INTOXTCATED ' SECOND OFFENSE' in
violation of lorva Code Scction321J.2;COUNT II: OPERATING A MOTOR
VEHICLE WHILE LICENSE IS BARRED TINDERSECTION 321'650AS A
HABITUAL OFFENDEII, in violation of Iorva Codc Section321.560and 321.561.
6. With regardto the nane by which I arnchargedin the Trial Information(eithercheck
"a" or checkan{;omplete "b"):
.a

U/6. lhe nameon the l'rial Informationis ml true name l havebeenadvised

that I xnt no\\ prccludedfiom objcctingto the Trial lnformationuponthe
andundFrstand
groundtl.ratI am improperly named.
( )b. l'he nameshownon the Trial Informationis not my true nane My truc
nameis. I requestthat an entry be madcin the minutesshowingmy true narne. I have
rvill be had againstn.le by that name.
beenadvisedand understandfurtherproceedings
and n'henthe'l'rial Informationis so
thc'trial lnlbrmationwill be amendedaccordingl.v.
I nill be precludedfrom objectinguponthe groundsI am improperlynamed.
amencled,
that I may pleadguilty. not guilty or former
7. I havebcenadvisedand understand

E-FILED 2014 NOV 04 11:41 AM SAC - CLERK OF DISTRICT COURT

conviclionor acquittal.
I havehad sufficienttime to discussm-vcasewith
8. for the purposeof this arraignment,
in rvhichto entera plea.
further
time
I
waive
any
m) attorncy.and
9. I pleadNOT GUILTY to the chargesin paragraph5 above.
that I havea right underRule 2.33(2)(b)of the
10. I havebecnadvisedand understand
the filing of
Iowa Rttleso/ Crintinal ProcedureIo a trial Vnithinninetl'days/oneyeara11er
and (checkeither"a" or "b"):
the Irial InforlrrgLion
',/
(V{a. I acmandspeeclytrial pursuantto Rule 2.33(2)(b)and (c).
trial pursuantto Rule 2.33(2)(b) and (c).
( ) b. I waive my right to a speed.v
11. I rcquestthat a trial datebe setpursuantto Rule u.1 ofthe 1on'aRuleso/ Criminul
Protedure. My attorneyand I will be availablelor trial on the following days:Any
Time.

Def'endan
Original to bc filed with Clrk of Court
Copy provided to:
County Attorney

Attorney for Defendant

E-FILED 2014 NOV 04 3:01 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
vs.
KYLE JO FREESE ,

Case No: 02811 OWCR012647

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

Defendant.
The defendant having filed a written arraignment in this matter on November 4, 2014.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 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 01/27/2015 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 NOV 04 3:01 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 NOV 04 3:01 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012647
Type:

Case Title
STATE VS KYLE JO FREESE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-04 15:01:48

3 of 3

E-FILED 2014 DEC 19 11:32 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. OWCR012647

Plaintiff,
v.

REPORT OF PRETRIAL
CONFERENCE

KYLE JO FREESE,
Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:
On December 17, 2014, the parties conducted a Pretrial Conference as
ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Chuck Schulte. The parties, through
the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information, pay all
applicable costs and the minimum fine, serve the minimum jail sentence, and be
placed on informal probation through the Sac County Probation Office. In return,
the State has agreed to dismiss Count 2 of the Trial Information.
Additionally, Defendant intends to submit a written guilty plea by January
7, 2014.

Defendant intends to waive presence at sentencing and the 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 DEC 22 9:05 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012647
Plaintiff,
vs.

ORDER

KYLE JO FREESE ,
Defendant.

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 submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 01/07/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If a sentencing hearing in open court is required the Defendant shall so state in the written plea.
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 DEC 22 9:05 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number
OWCR012647
Type:

Case Title
STATE VS KYLE JO FREESE
OTHER ORDER
So Ordered

Electronically signed on 2014-12-22 09:05:23

2 of 2

E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
*
Plaintiff,
No. OWCR0L2647

VS.

KYLE JO FREESE,
DOB:08/08/1985

*
*
*
*
*
*

GUILTY PLEA _
AGGRAVATED MISDEMEANORCount I- OWI 2ndOffense

>F

Defendant.

COUNTI
COMES NOW the Defendantin the aboveaction and statesthat I have beencharged
with OPERATING A MOTOR VEHICLE WHILE INTOXICATED - 2NDOFFENSE, an
AggravatedMisdemeanor,in violationof Iowa Code Section321J.2,and I herebyrequestthat
my pleaof guilty to the chargebe enteredof record.

In supportof my guilty plea,I statethat I fully understand

and havebeenadvisedby my
attorneyof the followingrights:
That I havethe right to proceedwith a pleaof not guilty and compelthe Stateof Iowa to prove
my guilt to the unanimoussatisfaction
jury in a speedyandpublic trial;
of a twelve-person
That I havethe right to remainsilentand could not be forcedto testify or incriminatemyself in
any manner;and that if I exercisedmy right to remainsilent;this could not be usedagainstme
andthe Statewould be prohibitedfrom comrnenting
on my silence;
That I have the right to be representedby an attorneythroughoutthe entire trial, and if I am
unableto afford an attorney,the Court would appointone to representme at public expense;
That I havethe right to cross-examine
all witnessesagainstme and to presentevidence,if any,
on my own behalt
That I am presumedinnocentuntil the Stateproves,if ever,that I am guilty beyonda reasonable
doubt;and
ThatI havethe right to subpoena
witnesses
to appearandtestifyon my behalf.
I have also been advisedthat the above-stated
offenseis an AggravatedMisdemeanorwhich
carriesa maximumpenaltyof imprisonmentnot to exceedtwo (2) yearsor a $6,250fine with
surcharges
of 35% and $10.00 DARE thereonor both; I understandthere is a seven(7) day
minimumjail sentence;
I furtherunderstand
that the minimum fine is $1,875plus surcharges
of
35% and $10.00;and that I may be requiredto make restitutionof pecuniarydamagesto any
victimof this crimeand of court-appointed
attorneyfees,if any,andpaythe court costs.I may
be requiredto attend substanceabusetreatmentor educationclasses.In addition,I may be

E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT

requiredto pay correctionalfees for incarcerationand enrollmentfees for supervisedprobation.

I havebeen informed that there may be effectsto my licenseincluding suspension,revocations
and barmentsbecauseof this plea. I have likewise beeninformedthat other sentencingoptions
may be available to the Court, including but not limited to the deferral of Judgmentand
imposed.
the grantof probationandthe suspension
of sentence
Sentence,
I now stateto the Court that I am, in fact GUILTY and that no threatsor promiseshavebeen
madeto induceme to entermy plea of guilty. I have beeninformedthat the elementsof the
crimeare: I operateda motor vehicle(1) while under the influenceof an alcoholicbeverage
or other drug or ^ combination of such substances;or (2) while having an alcohol
concentrationof .08 or more; or (3) while any amount of a controlledsubstanceis present
in my personas measuredin my blood or urine. And that I have a prior convictionof the
the natureof the chargeagainstme.
crime, Operating While Intoxicated. I understand
This offensewas committedby me in SacCountyIowa by my doing the following: I did on
or about September 17. 2014 unlawfullv onerate a motor vehicle while under the
influenceof alcoholand was intoxicatedat the time when I was drivins and I did havea
of the offenseOperatine
blood alcoholconcentrationof .164 (BAC). and I was convicted
on the
WhileIntoxicatedin SacCountvlowa.in SacCountvDistrictCourt caseOWCR012360
31" davof October2013.
Thereis a factualbasisfor my pleaof guilty andthereis no reasonwhy I shouldnot pleadguilty.
I herebystatethat I submitthis writtenplea of guilty with full knowledgeand waiverof
my rightsandI do so freelyand voluntarily. No threatshavebeenmadeagainstme to obtainthis
guilty plea. No promisesof leniencyor favorabletreatmenthavebeenmade,exceptfor anyplea
agreement
disclosedto the Courtat the time this Guilty Pleais offeredfor approvalin Court.
I havebeenadvisedof my rightsassetforth in CountI of this plea.
The plea agreementis: The recommended
sentencewill be 364 davs in the Sac Countv
with creditfor time served.I will servethe seven
Jail.with all but seven(7) dayssuspended.
(7) days in the Sac County Jail within three (3) months of the Judgmententry date. I
understandthat I will be allowedto servethe jail sentencein 48 hour incrementsand that the
48-hourWeekendAlcohol Programcanbe substituted
for 48 hoursjail time. If I choosenot
to attendthe 48 hour WeekendAlcohol Prograrnthen I will haveto completethe 12 hour
Drinking/ Driving Course. Also. I will be eligible for the Sac County Jail Work Release
Programunderthe rules and guidelinesset by the SacCounty Sheriff. I will be placedon
Probationto the Sac County ProbationOfficer for a period of one year from the Judgment
plus a 35% surcharge
in the amountof $656.25.a
entrydate. I will pay a frneof $ 1.875.00.
$10.00DARE surcharge.and court costs:to be paid as set out in the SacCountyProbation
Agreement. I will follow and completethe recommendations
of the SubstanceAbuse
that
Evaluation.which I obtainedon October9. 2014 from New Opportunities.I understand
if my licenseto drive hasnot alreadybeenrevokedfor this offense.the Iowa Departmentof
Transportation
will revokemy driver's licensepursuantto Iowa Code Chapter321Jfor the
statutoryperiod. The SacCountyAttorneywill recommendthat Count II be dismissedafter
the appealperiodhasrun in CountI.

E-FILED 2015 JAN 08 9:22 AM SAC - CLERK OF DISTRICT COURT

In admitting guilt, I understandthat any plea-bargainagreementswith the prosecutorare not

bindingon the Court.
I have been advised that I have the right to have a future date set for pronouncing
judgment and sentence,which cannotbe less than fifteen (15) days after the guilty plea is
entered,unlessI consentto a shortertime. I understand
that any challengeto the guilty plea or
allegeddefectsin the pleaproceedings
mustbe raisedby a Motion in Arrest of Judgmentfiled no
later than forty-five (a5) days after the datemy pleasis acceptedbut not lessthan five (5) days
beforethe date set for pronouncingjudgment,and that failure to raise such challengeshall
precludethe right to assertthem in this Court or on appealto anotherCourt. I understandthat by
proceedingdirectly to sentencingI waive any right I may have to file a Motion in Arrest Of
Judgment. This meansI will be foreverprecludedfrom challengingthe guilty plea or any
defectsin thepleaproceedin_es.
Basedon the foregoing,I herebywaiveall my legalandtrial rights. I requestthat my
guilty pleabe acceptedandenteredon record.
I requestsentencing
andjudgmentbe pronounced
now.

fendant.Kvle Jo Freese

Defendant's Attoffiey, Charles Sc

STATEOF IOWA
SS

SACCOUNTY
U a u'l.
O n t h i sL d a y
of
.2u q beforemy the undersigned,
a Notary Public in and for
saidState,pcrsonaily'appcarcci t{y /<
Ft/e<s
<
,
to me known to be the identicalpersonnamed{n and who executedthe foregoinginstrument,and acknowledgedthat
he executedthe sameof his voluntarvact and deed.

Notary Public in and for the Stateof Iowa

ffiry,#

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

OWCR012647 (Count I)
Plaintiff,

v.

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

KYLE JO FREESE,
Defendant.

CHARGE:

Count I: Operating While Intoxicated, Second Offense, an

aggravated misdemeanor, in violation of Iowa Code 321J.2

Defendant has filed a written guilty plea and a waiver of Defendants right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, Second Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,875.00;
(2)
a 35% surcharge of $656.25;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays date, or no restitution shall be ordered.
Upon filing of such a statement, the amount claimed in the
statement shall be considered to be ordered to be paid
unless Defendant objects to the claimed amount by filing an
objection within 10 days of the filing of the statement. In
that event, the Court shall issue an order establishing the
restitution amount, with or without a hearing as the Court
deems appropriate; and
(5)
the court costs of this action.

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

Defendant shall pay these financial obligations to the Clerk of Court

of this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.

Defendant shall serve 364 days in the county jail, with all but seven
(7) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by April 8, 2015. The 7day jail sentence may be served in 48-hour installments to
accommodate Defendant's work schedule.
If the Defendant
completes the 48-hour Weekend Offender Program, he shall
receive credit towards 48 hours of the jail sentence. Defendant
may participate in the work release program facilitated by and
according to the rules of the Sac County Sheriff. If Defendant does
not serve the jail sentence by that date, in addition to Defendant
being subject to contempt of court or probation revocation
proceedings, upon written request from the Sheriff, the Clerk of
Court shall issue a warrant for mittimus of the unsuspended portion
of the sentence and such warrant shall issue without further court
order.
In that event, Defendants sentence shall be served
continuously and not in 48-hour installments.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;

c.

As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

Probation Supervisor imposes, the Court specifically imposes all of

the following terms of probation:
(1)

Defendant shall make in-person contact with the Probation

Supervisor within seven (7) days of the filing of this Order to
sign up for probation and sign any probation supervision
agreement requested by the Probation Supervisor.
Telephone contact is not sufficient;

(2)

Defendant shall obey all laws;

(3)

Defendant is prohibited from consuming or possessing

alcohol or any illegal drug or any drug for which Defendant
does not have a valid prescription. In addition, Defendant is
prohibited from being at any location where alcohol or illegal
drugs are present, regardless of whether Defendant is
actually in possession of or consuming such alcohol or illegal
drugs. This prohibition does not prohibit Defendant from
being at a public location (e.g., restaurant) where alcohol is
served, so long as the primary purpose of the establishment
is not the serving of alcohol and Defendant is not consuming
or in possession of alcohol at that location; and

(4)

Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;

d.

Defendant has obtained a substance abuse evaluation. Defendant

shall follow any recommendations for treatment or counseling
made as a result of the evaluation, all at Defendant's own expense;
and

e.

Defendant shall enroll in and complete the Drinking Driver's School

sponsored by the community college system. On or before the 90th
day following the filing of this Order, Defendant shall file written
proof with the Clerk of Court that Defendant has completed the
Drinking Driver's School.

3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $5,000.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
7.
IT IS FURTHER ORDERED that Count II of the Trial Information is
dismissed upon motion of the county attorney and pursuant to plea agreement. Costs
are taxed to the Defendant.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
County Sheriff
Iowa Department of Transportation

E-FILED 2015 JAN 08 1:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

OTHER ORDER

Case Number
OWCR012647

Case Title
STATE VS KYLE JO FREESE
So Ordered

Electronically signed on 2015-01-08 13:46:05

page 5 of 5

E-FILED 2015 JAN 12 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2015 JAN 21 2:28 PM SAC - CLERK OF DISTRICT COURT

AMENDED

PAYMENT PLAN IN THE

Amended payment date is the 5th day of month.