srcr012693 - holstein man pleads guilty to failure to have a valid license or permit while operating...

DISTRICT COUKT (Jr IOWA SAC-COUNTY

FILED IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MAGISTRATE DIVISION

STATE OF IOWA,

Plaintiff

NOV -U PM 12= 35

MAGISTRATE NO.

INITIAL APPEARANCE

Defendant

On this day of / L t o f t e W ^ g " 20/^ the Defendant herein appears before Jhe undersigned Magistrate in and for Sac County, having been charged with the crime of Kj. LUKAKJ

\ ^ f x D i - A - ^ J — - , being a violation of Section 3^1 S , Jt | $ * n e Code ° ' 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

"iC Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is: r y One Year County Jail

Years Prison V , And/Or $.?3lt j - ffii Fine-f ? £ % C C V C ^ j f J

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) ^ s . 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/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the-Court ic not-.•cacnmhiy fi<jS|irf^ thnt ynn II ill ir nt i l l ••nw* proceedings in thf fpitiira nnJ thnfnfnrg the

! the followfiig conditions on your release: i J/t* , / I A i > . ~ f /U>T . £ | V V l / ^ *

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.

The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

A . M . in the T ^ S f o f t h e Q H ^ d a y o f / U > t f c * ^ e ^ , 2 0 / t a t / / . ' Magistrate Courtroom, Courthouse, Sac City, Sac County, 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 H A V E NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS F R O M THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK 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 you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.)

Warren L. Bush/Joseph J. Heidenreich, Judicial Magistrate

Copies to: County Attorney Defendant Sac County Sheriff

E-FILED 2014 NOV 10 5:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012693 Plaintiff, vs. TRIAL INFORMATION

MATTHEW GLEN ANDERSON,DOB: 07/06/1988 Defendant.

COUNT ICOMES 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, Matthew Glen Anderson

of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:

The said Defendant, Matthew Glen Anderson, on or about November 4, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his

motor vehicle license was denied or revoked under Iowa Code Chapter 321J.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

E-FILED 2014 NOV 25 11:04 AM SAC - CLERK OF DISTRICT COURT

mailto:[email protected]

THE STATE OF IOWA vs. MATTHEW GLEN ANDERSONCriminal No. SRCR012693COUNT I: Driving While License was Denied or Revoked Under Chapter 321J

NAMES OF WITNESSES:

ALEX EHLERS, CHIEF OF POLICE, SCHALLER POLICE DEPARTMENT

KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES-IOWA DEPARTMENT OFTRANSPORTATION


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSON

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-11-25 11:04:45 page 3 of 3


Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs MATTHEW GLEN ANDERSON , Defendant.

Case No: 02811 SRCR012693 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment isscheduled on 12/03/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to suchhearing. In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment. Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to showcause or the issuance of a warrant for arrest. IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shallremain in effect and the defendant shall obey all Federal, State and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



Type: ORDER FOR ARRAIGNMENT


So Ordered



2RCR18

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. MATTHEW GLEN ANDERSON , DEFENDANT.

Case No. 02811 SRCR012693 O R D E R

The Defendant failed to appear for the Arraignment hearing scheduled for

December 3, 2014. A warrant should now issue for the Defendant's arrest to secure

his appearance for those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $1,000.00 cash only.

2. When the Defendant has been arrested and is available for the Arraignment

proceedings, the State shall so notify the Court. The Arraignment hearing will then be

rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

SAC COUNTY SHERIFF

1 of 2

E-FILED 2014 DEC 03 12:11 PM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSONType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered

Electronically signed on 2014-12-03 12:11:35

2 of 2


FILED

IN THE IOWA DISTRICT COURT FOR . Sac COUNTY

STATE OF IOWA or

Plaintiff/Petitioner,

vs. IW«.Hw<w; 6-lt«^ fj^cX^.t-ro^ ,

Defendant/Respondent.

S Criminal CSvfl

FINANCIAL AFFIDAVIT/APPLICATION FOR APPOINTMENT OF COUNSEL

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

Name Birth Date:

Home Phone: CcflPhone: IVL'W-oSef E-mail: "<*ftBl l^lcU-^ ^ yt^i).c<^

Street Address: Moq e j T d

L V W V ; ^ 5 ^ - ? . Street/P.O. Box Apt # City

Pending charges: ^.^('yfw^ A r̂Vy.'W yti/p^<t(

Do you have a job? • No Job SfYes, Full Time • Yes, Part Time (List Hours/week:

State Zip

In Jail? • Yes Qfrfo

)

Who do you -work for? ~7yso*

How much money do you currently make before taxes or deductions? X ,000 per • hour Sf̂ monm • year

How much money have you made in the last 12 months from any source, before taxes or deductions? 3 3» flop

How many family members are supported by or live with you? 0

If a spouse lives with you, how much money does your spouse make? pu • hour • month • year

List all other money you, or anyone else living in your household, has coming im <Van*

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything else worth more than $100: 'iB* **>

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

I understand I may be required to repay the State for aO or part of my attorney fees and costs, I may be required to sign a wage assignment, and I most report any changes in tbe information submitted 00 this financial affidavit I promise nnder penalty of perjury that the statements I make hi this application are true and that I am Doable to pay for an attorney to represent me.

Date / £ - V - / V Signature

Rev. 1/6/12


STATE OF IOWA, PLAINTIFF, VS. MATTHEW GLEN ANDERSON , DEFENDANT.

02811 SRCR012693

ORDER RE:

APPLICATION FOR APPOINTMENTOF COUNSEL

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


State of Iowa CourtsCase Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSONType: ORDER APPOINTING

So Ordered


2 of 2



STATE OF IOWA,

Plaintiff,

v.

MATTHEW GLEN ANDERSON,

Defendant.

Case No. SRCR012693

MOTION TO RECALL ARREST WARRANT AND RESCHEDULE ARRAIGNMENT

COMES NOW the State of Iowa and for its Motion to Recall Arrest Warrant

and Reschedule Arraignment states Defendant contacted the undersigned’s

office on December 5, 2014, and stated the envelope containing the order setting

arraignment was postmarked November 26, 2014, and Defendant did not check

his mail until December 3, 2014. Defendant is employed full-time and stated he

may lose his job if he is arrested on the outstanding warrant. Defendant promised

to voluntarily appear for the hearing on his arraignment.

WHEREFORE, for the foregoing reasons, the State respectfully requests that

the arrest warrant filed herein on December 3, 2014, be recalled and the Court

reschedule Defendant’s arraignment to December 17, 2014.

__________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: [email protected]

E-FILED 2014 DEC 05 11:37 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. MATTHEW GLEN ANDERSON , Defendant.

Case No: 02811 SRCR012693 ORDER CANCELING WARRANT

Upon application of the State. IT IS ORDERED that the order for warrant of arrest issued by this Court on December 3, 2014, andthe resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court. Any costs are assessed against the defendant. Clerk to provide copies to:County AttorneyCounsel for the defendant/DefendantSAC County Sheriff (Dispatch)

1 of 2


State of Iowa CourtsCase Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSONType: OTHER ORDER

So Ordered


2 of 2


IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. MATTHEW GLEN ANDERSON , Defendant.

02811 SRCR012693 ORDER RESCHEDULING ARRAIGNMENT

The Court finds that the arraignment should be rescheduled. IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 12/17/2014at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a writtenarraignment and plea of not guilty document in a form substantially similar to that setforth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with theClerk of Court on or before the time set for arraignment, Defendant shall personallyappear at the date, time, and place set forth above for Defendant's arraignment. Clerk to Send Copies to: County Attorney Defendant Defense Counsel

1 of 2


State of Iowa CourtsCase Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSONType: ORDER FOR CONTINUANCE

So Ordered


2 of 2


IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF NO

vs. APPLICATION TO WAIVE

ATTORNEY AND PROCEED (PRO SE)

DEFENDANT

In support of my application to waive attorney I state:

1. I know I have a right to be represented by an attorney in this case and that if I cannot afford to hire an attorney, the Court would appoint counsel for me, without any initial costs on my part. I further realize that I would ultimately have to reimburse the State for those expenses.

2. I know that an attorney would represent my interest in all court proceedings and would be available to answer questions for me. I am aware that there may be defenses to the charges against me that I as a non-lawyer may not be aware of. I know a lawyer would give me the opportunity to obtain an independent opinion on how to proceed and defend the case against me.

3. I know the County Attorney and his staff do not represent me but rather are responsible for prosecuting me. I know that I cannot rely upon the County Attorney for legal advice.

4. Having considered my right to counsel, together with the risk and disadvantages of proceeding without an attorney, I want to represent myself and I want to waive my right to an attorney.

Dated this /2- 71-/"-/

Defendant

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

Plaintiff,

vs. MATTHEW GLEN ANDERSON,

Defendant.

* No. SRCRO 12693

WRITTEN ARRAIGNMENT PLEA OF NOT GUILTY ProSe

T T C~3

GO —I ;rj

— w n

==oo

u z - -

COMES NOW the Defendant in the above-captioned criminal case and under oath states: 1. I have been informed of my right to be represented by an Attorney, and decline to be represented by an attorney and I wish to proceed ProSe.

2. My current mailing and residence addresses and telephone number are:

Address: Po S O Y 3 2 ° / 5",

Telephone: ^\<\- QftO S

3.1 can read and understand English language and have completed the following level of education: ^ h 6-^»^

4. I have been advised by the Sac County Attorney and understand that I have a right to arraignment in open Court, and I voluntarily waive the right, choosing instead to sign this Written Arraignment and Plea of Not Guilty. I understand that times for further proceedings which are computed from the date of arraignment will be computed from the date of filing this Written Arraignment and Plea of Not Guilty.

5. I have received a copy of the Trial Information which charges me with the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHPATER 321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21. I have read it and I have familiarized myself with it contents.

6. With regard to the name by which I am charged in the Trial Information (either check "a" or check and complete "b"):

(^fa. The name on the Trial Information is my true name. I have been advised and understand that I am now precluded from objecting to the Trial Information upon the grounds that I am improperly named.

( ) b. The name shown on the Trial Information is not my true name. My true name is . I request that an entry be made in the minutes showing my true name. I have been advised and understand further proceedings will be had against me by that true name, the Trial Information will be

amended accordingly, and when the Trial Information is so amended, I will be precluded from objecting upon the grounds I am improperly named.

7. I have advised and understand that I may plead guilty, not guilty or former conviction or acquittal.

8. For the purpose of this arraignment, I have had sufficient time to contemplate my case, and I waive any further time in which to enter a plea.

9. I plead NOT GUILTY to the charge in paragraph 5 above.

10. I have been advised and understand that I have a right under Rule 27(2)(b) of the Iowa Rules of Criminal Procedure to a trial within ninety days/one year after the filing of the Trial Information and (check either "a" or "b"):

( ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c).

(>/fb. I waive my right to a speedy trial pursuant to Rule 27(2)(b) and (c).

11. I request that a trial date be set pursuant to Rule 8. lof the Iowa Rules of Criminal Procedure. I will be available for trial on the following days: .

Defendant, Matthew Glen Anderson

STATE OF IOWA ) ) SS

SAC COUNTY )

On this day of IQjiiCqiwb&V 2014 before my the undersigned, a Notary Public in and for said State, personally appeared

\ nQjjj" Qj f tA j l f l^ • , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.

Original e-filed Copy to:

Sac County Attorney Defendant

)tary Publiejrj and for the State of \o>\

ne a | SHELLEY BASS

s ^ x. I C t e l f c 0 | District Court -Designee Sac County

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. MATTHEW GLEN ANDERSON , Defendant.

Case No: 02811 SRCR012693 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on December 17, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 01/21/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

1 of 3


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


State of Iowa CourtsCase Number Case TitleSRCR012693 STATE VS MATTHEW GLEN ANDERSONType: ORDER SETTING TRIAL

So Ordered


3 of 3



STATE OF IOWA, No. SRCR012693Plaintiff,

REQUEST FOR LEAVE OFvs. COURT TO AMEND TRIAL

INFORMATIONMATTHEW GLEN ANDERSON,

Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

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. As part of a Plea Agreement, Defendant is pleading to the charge of: Count I: FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATINGA MOTOR VEHICLE, a scheduled violation in violation of Iowa Code Section 321.174(1)

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 substitutedand amended Trial Information.


Copy to: DefendantPROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon the defendant namedon the pleadings on January 21, 2015,by: [ x ] U.S. Mail

[ x ] Hand Delivery[ ] Certified Mail

Signature: /s/Norma Hecht

E-FILED 2015 JAN 21 9:33 AM SAC - CLERK OF DISTRICT COURT



STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012693

Plaintiff, AMENDED vs. TRIAL INFORMATION

MATTHEW GLEN ANDERSON,DOB: 07/06/1988 Defendant.

COUNT ICOMES 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, Matthew Glen Anderson

of the crime of FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING AMOTOR VEHICLE, a Scheduled violation in violation of Iowa Code Section 321.174(1)

committed as follows:

The said Defendant, Matthew Glen Anderson, on or about November 4, 2014 in the

County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle upon a

public highway without a valid operator’s license.

A TRUE INFORMATION




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

Plaintiff, No. SRCRO12693 GUILTY PLEA vs.

* AMENDED-scheduled violation *

5 * t 0 0

MATTHEW GLEN ANDERSON, DOB: 07/06/1988

Defendant.

COUNT I

* * *

I, the undersigned Defendant, have carefully read and fully understand the following:

A. I am charged with DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER 321J, a Serious Misdemeanor, in violation of Iowa Code Section 321.J.21. In conjunction with a Plea Agreement made with the Sac County Attorney, whereby will amend Count I to a charge of FAILURE TO HAVE a VALID LICENSE OR PERMIT WHILE OPERATING MOTOR VEHICL,E a scheduled violation, in violation of Iowa Code Section 321.174(1). I now request that my plea of not guilty be changed to a Plea of Guilty to the amended charge.

B. The maximum punishment for a Simple Misdemeanor is imprisonment of not more than thirty days in jail, and a fine of not more than $625.00 plus statutory surcharges, plus all court costs and all costs and fees incurred for legal assistance. For this scheduled violation there is a fine of $200.00, a 35 % surcharge in the amount of $70.00, and court court costs, which are immediately due on the date of sentencing, unless a payment plan is approved by the court within thirty days of the judgment entry.

C. I understand that, a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws.

D. If I plead not guilty, I would be entitled to the following rights. I give up these rights by pleading guilty: (1) . The right to a speedy and public trial by a jury of twelve people. (2) . The right to have an attorney represent me at trial and, if the Court found I was unable to afford an attorney, the Court would, at public expense, appoint an attorney to represent me. (3) . At trial, I would be presumed innocent until such time, if ever; the State established my guilt beyond a reasonable doubt. (4) . At trial, a jury verdict of guilty would have to be unanimous. (5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forced to testify, and if I choose not to testify, the State may not comment on the fact of my failure to testify and, at my request, I would be entitled to a jury instruction stating that the jury could not infer guilt from my failure to testify.

1

(6) . At trial, the State would have to confront me with witnesses upon whose testimony it relied to obtain conviction, and I would have the right to cross examine those witnesses. (7) . At trial, I would be entitled to present witnesses to testify on my behalf and to compulsory process to secure those witnesses.

E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my right to trial, and will be treated as if I had been tried and found guilty by a jury.

F. The Court, in determining whether there is a factual basis for this plea of guilty, may make such a determination by examining the Minutes of Testimony attached to the Trial Information, by reviewing the investigative reports of law enforcement agents who have investigated the offense, or by asking me or counsel to recite and summarize the material facts that would be offered at trial.

The Court has the discretion to accept or reject any plea agreement made between the State and myself. The plea agreement is: The County Attorney will amend the charge to FAILURE TO HAVE A VALID LICENSE OR PERMIT WHILE OPERATING A MOTOR VEHICLE, a scheduled violation in violation of Iowa Code Section 321.174(1). and I will plead guilty to the amended charge. I will pay a fine in the amount of $200.00, plus the 35% surcharge in the amount of $70.00, and court costs in the amount of $100.00; to be paid by paying $50.00 on the 15th day of February 2015, and $50.00 per month on the 15th day of each month thereafter until paid in full.

This plea agreement includes that I will be responsible to pay court costs, payment of all costs and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jail time and all surcharges and mandatory punishments (see paragraph B) applicable to my case. I now state to the Court that I am, in fact GUILTY and that no threats or promises have been made to induce me to enter my plea of guilty. I have been informed that the elements of the crime are: A person who fails of have a valid license or permit while operating a motor vehicle on a public roadway . I understand the nature of the charge against me. This offense was committed by me in Sac County Iowa by my doing the following: I did on or about the 4th dav of November 2014 fail to have a valid license or permit while operating a motor vehicle on a public roadway.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so freely and voluntarily. No threats have been made against me to obtain this guilty plea. No promises of leniency or favorable treatment have been made, except for any plea bargain disclosed to the Court at the time of this guilty plea.

G. If the Court accepts my plea of guilty, I realize: (1). The Court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing. The right to file a Motion in Arrest of Judgment will be waived by having the Court impose a sentence today.

2

(2). If the Court imposes a sentence today, I will never be able to challenge this plea of guilty, and I will be giving up my right to directly appeal my guilty plea.

I ask the Court to accept this plea of guilty. I waive the preceding rights and my right to have the Court address me personally.

WAIVER OF MOTION IN ARREST OF JUDGMENT If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that: 1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment no later

than 45 days after a plea of guilty and no later than 5 days prior to pronouncement of judgment, and that the court will set a sentencing date not less than fifteen days after the date of its acceptance of this guilty plea unless I waive this right, and the right to file a Motion in Arrest of Judgment will be waived by having the court impose a sentence now.

2. By having the court impose my sentence now, I will never be able to challenge this plea of guilty and I will be giving up my right to directly appeal my guilty plea.

I hereby request the court sentence me now and I waive any time to which I may be entitled for sentencing at a later date.

WAIVER OF RIGHT TO BE PRESENT I have been fully advised that I have a constitutional right to be present at my sentencing

and present evidence in my own behalf. I understand that it is my choice to be present or not, and that no one can exclude me from sentencing.

With the above in mind, and further understanding that my decision whether to be present or not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my sentencing.

^u^t^-Defendant

STATE OF IOWA

SAC COUNTY ) SS

On this day of 2015 before me the undersigned, a Notary Public in and for said State, personally appeared V /ha^-f/f l^ Gh / i /)*<i( est , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same of his voluntary act and deed.

Notary Public in and for the ! State of Iowa

* CT"i3 *

N O R M A D H E C H T Commission Number 740827 MY COMMISSION EXPIRES

3

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff, vs. MATTHEW GLEN ANDERSON, Defendant.

Case No. SRCR012693

ORDER

NOW, on this 21st day of January, 2015, the Court is in receipt of the State’s

Request for Leave of Court to Amend Trial Information. The Request should be

granted.

IT IS THEREFORE ORDERED that the State’s Request is granted. The Trial

Information is amended to provide that Defendant is now charged with Failure to Have a

Valid License or Permit While Operating a Motor Vehicle, a scheduled violation, in

violation of Iowa Code Section 321.174(1).

Clerk to furnish copies to: County Attorney Defendant



Type: OTHER ORDER


So Ordered



1


STATE OF IOWA, Plaintiff, v. MATTHEW GLEN ANDERSON, Defendant.

SRCR012693

RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER

DATE: January 21, 2015

CHARGE: Failure to Have a Valid License or Permit While Operating a Motor Vehicle, a scheduled violation, as amended, in violation of Iowa Code § 321.174(1)

Defendant has filed a written guilty plea and a waiver of Defendant’s 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 Defendant’s 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 above-described crime and

pursuant to Iowa Code Section 903.1. 2. Defendant is hereby sentenced as follows:

a. Defendant shall pay financial obligations as follows: (1) a fine in the sum of $200.00; (2) a 35% surcharge of $70.00; and (3) the court costs of this action.

Defendant shall pay these financial obligations to the Clerk of Court of this county or online at www.iowacourts.gov. Such financial obligations may be paid in monthly installments of at least $50.00 per month beginning on the 15th day of February, 2015, and continuing on the 15th day of each month thereafter until paid in full. If any installment is missed, in whole or in part, it may be considered a violation of this Order. In addition, if the installment payment becomes delinquent by 30 days or more, then, pursuant to Iowa Code Section 602.8107, this case shall be assigned to the


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Centralized Collection Unit of the Iowa Department of Revenue or its designee to collect the debts owed to the Clerk of Court. In the event this matter is assigned for collection, additional fees may be imposed pursuant to law.

3. The Court grants this sentence because it provides for Defendant’s 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 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 Defendant’s right of appeal. 5. Appeal Bond is set in the sum of $500.00, cash or surety. 6. Any cash bail posted by Defendant or on Defendant’s behalf by a third party that has acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations shall be applied toward Defendant’s financial obligations. All cash bail remaining, if any, after payment of Defendant’s financial obligations and all cash bail posted by a third party that has not acknowledged or agreed that the money posted can be applied toward Defendant’s financial obligations is hereby exonerated and shall be returned to the person posting the cash bail. All non-cash bail bonds posted, if any, are hereby exonerated. Clerk Shall Furnish Copies To: County Attorney Defendant Iowa DOT



Type: OTHER ORDER


So Ordered



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