E-FILED 2013 JUL 28 2:22 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 29 9:51 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 JUL 30 9:36 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, Case No: 02811 OWCR012381 vs. BRUCE MARVIN AUEN , Defendant. INITIAL APPEARANCE OWI

Charges: 01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST 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 2 days Years Prison And/Or a fine of not less than $1250 or more than $1250 You will lose your license for a minimum of 180 days and cannot obtain a work permit for 30 days.

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E-FILED 2013 JUL 30 9:36 AM SAC - CLERK OF DISTRICT COURT

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court. 5. (a) You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serous misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: (1) You must not use alcohol or drugs during the pendency of this matter. (2) You must not drive while your license is under suspension. (3) You must obey the laws of the State of Iowa and the United States. (4) You are ordered to complete a substance abuse evaluation immediately at New Opportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facility of your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE. 6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Preliminary Hearing is scheduled on at : AM at the . If a preliminary hearing date has been set, you should contact the county attorney at 712-662-4791 before attending this hearing to determine whether or not it will be held. 8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED. If you need assistance to participate in court due to a disability, call the disability coordinator at (641) 421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Copies to: County Attorney The Court has provided a copy to the Defendant Defendant Sac County Sheriff

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E-FILED 2013 JUL 30 9:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012381 Type: Case Title STATE VS BRUCE MARVIN AUEN HEARING FOR INITIAL APPEARANCE So Ordered

Electronically signed on 2013-07-30 09:32:23

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IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF VS. ) ) ) DEFENDANT

FILED

2013 JUL 30

9: UU

NO. OUjC*tolZ3S)
APPLICATION TO WAIVE ATTORNEY AND PROCEED (PRO SE)

In support of my application to waive attorney I state: 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. 1.

Dated this . 7 -

0 - / 3

Defendant

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. BRUCE MARVIN AUEN, DOB: 12-18-1958 Defendant. TRIAL INFORMATION Case No. OWCR012381

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, Bruce Marvin Auen (defendant) of the crime of OPERATING WHILE INTOXICATED, FIRST OFFENSE, a Serious Misdemeanor in violation of Iowa Code Section 321J.2 committed as follows: On or about July 27, 2013, in Sac County, Iowa, defendant did unlawfully and willfully operate a motor vehicle by one or more of the following means: while under the influence of an alcoholic beverage or drugs or a combination of such substances; while having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; and while any amount of a controlled substance is present in the person as measured in the person's blood or urine.

A TRUE INFORMATION /s/ Benjamin John Smith Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 AUG 29 10:02 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012381 Approval of Trial Information Case Title STATE VS BRUCE MARVIN AUEN

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 2013-08-29 10:02:57

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E-FILED 2013 AUG 28 12:21 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRUCE MARVIN AUEN, Defendant. CRIMINAL CAUSE NO. OWCR012381

Attachment to Trial Information Witness List

NAMES OF WITNESSES: TORY CUDABACK, DEPUTY, Sac County Sheriff's Department JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST, CRIMINALIST, Iowa Department of Public Safety, Criminal Investigation Division, Criminalistics Laboratory

E-FILED 2013 AUG 29 10:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR012381 Plaintiff, ORDER SET ARRAIGNMENT AND APPROVE BOND VS. BRUCE MARVIN AUEN, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury, therefore, this matter shall be set for Arraignment. IT IS ORDERED, the Defendant shall personally appear for Arraignment at the Sac County Courthouse, District Courtroom, Sac City, Iowa on the 10th day of September 2013 at 9:00 a.m.. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant. IT IS FURTHER ORDERED, the Defendants bond and conditions for release from custody in this matter shall be: Defendant is released on personal recognizance. Bond is set in the amount of $________________. Bond may be unsecured. Bond must be cash or secured in the amount of the Bond. 10% cash may be posted. Bond previously set shall continue. Clerk of Court shall issue a summons for Defendant to Appear. Clerk of Court shall issue an arrest warrant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local laws. The Defendant shall be on pre-trial supervision to the Second Judicial District Department of Correctional Services. Other: [X] Defendant is Ordered to immediately obtain a Substance Abuse Evaluation and provide it to the Court. Failure to do so may result in the revocation of Defendants Pre Trial Release.

State of Iowa Courts Type: Case Number OWCR012381 ORDER FOR ARRAIGNMENT Case Title STATE VS BRUCE MARVIN AUEN So Ordered

Electronically signed on 2013-08-29 10:02:57

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY * STATE OF IOWA, * No. OWCR012381 Plaintiff, vs. BRUCE MARVIN AUEN, Defendant.
* *

W A DISTRICT COURI u> O SAC COUNTY FILED

2 0 1 3S E P1 0 A M 9: U U

WRITTEN ARRAIGNMENT PLEA OF NOT GUILTY ProSe

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:

U c f L e iSt<3^

Tar

>^>6

My date of birth is/ 2 -

f%~lT&.

3.1 can read and understand English language and have completed the following level of education: / / . 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 OPERATING WHILE INTOXICATED-1ST OFFENSE, a SERIOUS MISDEMEANOR in violation of Iowa Code Section 321J.2. 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"): ((/) a. 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 Jowa 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"): (X ) a. I demand a speedy trial pursuant to Rule 27(2)(b) and (c). ( ) b. 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: /V / r

Defendant, Bruce Marvin Auen STATE OF IOWA ) ) SS SAC COUNTY ) On this \ r j ^ day of - ^ ^ p W ^ W / ^ 2013 before my the undersigned, a Notary Publicjja and for said State, personally appeared jSAD/U CuijLAO , 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 PublicJn and for the State of Iowa Original e-filed Copy by edms to: Sac County Attorney copy hand delivered to Defendant
SHELLEY BASS C h * of District Court - Designee Sac County

E-FILED 2013 SEP 10 2:02 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. BRUCE MARVIN AUEN , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on September 10, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by himself. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on October 2, 2013 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 09/24/2013 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.
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Case No. 02811 OWCR012381

ORDER FOR TRIAL

E-FILED 2013 SEP 10 2:02 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY BRUCE MARVIN AUEN DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 SEP 10 2:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012381 Type: Case Title STATE VS BRUCE MARVIN AUEN ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-09-10 14:02:23

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRUCE MARVIN AUEN, DOB: 12/18/1958, Defendant. COUNT I

OISTRICT COUR I OF IO*A SAC COUNTY

FILED
"

NO.OWCR01238T

U I 3 U I J

8=5!

OWI - 1st OFFENSE GUILTY PLEA

I, the undersigned Defendant, have carefully read and fully understand the following: I am charged with Operating a Motor Vehicle While Intoxicated, First Offense, in violation oflowa Code Section 321J.2, a Serious Misdemeanor, and I hereby request that my plea of guilty to the charge be entered of record. A. The maximum punishment for a Serious Misdemeanor is imprisonment of not more than one year in jail and a mandatory fine of not more than $1,250.00, plus statutory surcharges, plus court costs and all costs and fees incurred for legal assistance which is immediately due on the date of sentencing. I realize that, if there was no personal or property injury, and I present to the Court a temporary restricted license, the Court may waive up to $625 of the fine and the related statutory surcharge. I acknowledge that, the Court may order me to perform community service work, if the Court is of the opinion that community service work will deter and discourage others from similar criminal activity. The community service must be done for a governmental or non-profit agency. (The rate at which community service shall be calculated against my fine shall be the federal minimum wage.) In addition, I may be required to pay correctional fees for incarceration and enrollment fees for probation. I am aware that sentencing options may include deferral of Judgment and Sentence, the grant of probation and the suspension of the sentence imposed. There is a minimum penalty of imprisonment in jail for 48 hours, which must be imposed unless I am eligible for a deferred judgment, or deferred sentence. The Court must order me to attend a course for drinking drivers. The Court must order me to undergo a substance abuse evaluation and to follow the recommendations. The Court may order me to participate in a reality education substance abuse prevention program. The Court may order restitution to any victim of my offense. In addition, the Court may order restitution up to $500 each to any public agency (fire-fighting, law enforcement, ambulance, medical or any other emergency services), which responded as a result of my violation. Unless the Department of Transportation has already revoked my license or driving privileges, I understand my license or driving privileges will be revoked a minimum of 180 days.

 I understand that there can be no deferral of judgment or sentence or suspension of any mandatory minimum sentence of incarceration and no suspension of any other part of my sentence not involving incarceration if: I tested over . 15%; or I refused an implied consent test; or I have been convicted of OWI or received a deferred judgment or sentence for OWI in Iowa or any other state; or If another person was injured by this OWI offense. I understand that there can be no reduction of my fine and the related statutory surcharge unless: The Court finds that there has been no personal injury as a result of my actions, and The Court finds that there has been no property damage as a result of my actions, and I present a temporary restricted license within the time ordered by the Court. I understand I must complete a substance abuse evaluation at my own expense before I can be sentenced. I will provide the evaluation to the Court before I am sentenced. B. I understand that a criminal conviction, deferred judgment or deferred sentence may affect my status under federal immigration laws. C. 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. (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. D. 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. E. 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: I will plead guilty to Count I: Operating a Motor Vehicle While Intoxicated 1 Offense. Recommended Jail time is 30 davs, all of which will be suspended except for two (2) days, with credit for any time already served. Defendant may substitute a 48-hour Weekend Alcohol Program for 48 hours jail time. If I choose not to attend the 48 hour Weekend Alcohol Program, then I will have to complete the 12 hour Driving Course. I will pay a fine of $1.250.00, plus a 35% surcharge in the amount of $437.50, and a $10.00 DARE surcharge, and court costs; to be paid as Ordered by the Court. If I provide proof of a temporary driving permit the fine will be reduced to $625.00. I will follow the recommendation of the Substance Abuse Evaluation. 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.
st

F. 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: That I operated a motor vehicle (1) while under the influence of an alcoholic beverage or other drug or a combination of such substances; or (2) while having an alcohol concentration of .08 or more; or (3) while any amount of a controlled substance is present in my person as measured in my blood or urine. 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 July 27, 2013, unlawfully operate a motor vehicle while under the influence of alcohol and was intoxicated at the time when I was driving and did have a blood alcohol concentration of .152 BAC. 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 agreement 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) . 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.

Defendant, Bruce Marvin Auen

STATE OF IOWA SAC COUNTY

) ) SS
)

On this / _ day of 2013 before me the undersigned, a Notary Public in and for said State, personally appeared fot\ic\ /W/isUin f\u.e*\ , 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 oflowa
NORMA D HECHT Commission Number 740827 MY COMMISSION EXPIRES

E-FILED 2013 OCT 01 9:57 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. BRUCE MARVIN AUEN, DOB: 12/18/1958 Defendant. COUNT I BE IT REMEMBERED that this matter came on for sentencing. The State is represented by Sac County Attorney Benjamin John Smith, and the Defendant appears in writing and by Attorney at Law The Court finds that Defendant has waived his right to an attorney. The Court finds that Defendant was advised concerning his right to have counsel. The Court specifically finds Defendants waiver of counsel to be knowing, voluntary and intelligent. Having filed a plea of guilty herein, which has been reviewed by this Court, and is incorporated herein by this reference, knows of no legal cause why judgment should not now be entered, and none appears upon the record. The Court, therefore, accepts the Defendants plea of Guilty and finds that the Defendant is guilty of Operating While Intoxicated, First Offense in violation of Iowa Code Section 321J.2, a Serious Misdemeanor. IT IS THEREFORE THE JUDGMENT AND SENTENCE OF THE COURT, pursuant to Sections 321J.2, and 903.1, Code of Iowa, that the Defendant be sentenced to: 1. The confinement in the Sac County Jail for a period of thirty-(30) days, all time suspended after Defendant has served two (2) days in the Sac County Jail, with credit for any time already served. a. Defendant shall also be assessed the correctional fee of $55.00 per day charged by the Sac County Sheriffs Office. Defendant shall serve said sentence within six (6) months of the date of this order. If the Defendant has not served the jail time at the end of six (6) months, the Sac County Sheriff is ordered at his convenience, to pick up Defendant to serve said jail time. b. Defendant may, at Defendants expense, complete a 48-hour Alcohol Intervention Program in lieu of 48 hours of jail time. Proof of completion must be provided to the Clerk of Court and County Attorney within six (6) months of todays date. In the event the Defendant does not attend the 48-hour Alcohol Intervention Program, he shall (at his own expense) complete a 12hour Prime for Life course or similar program within six (6) months of this date. 2. Defendant shall obey all State, Federal and local laws and ordinances. 3. Defendant is Ordered to pay a fine of $1,250.00 and a 35% surcharge in the amount of $437.50, plus a $10.00 DARE surcharge pursuant to Iowa Code Section 911.2. If Defendant shows proof of having obtained a work permit, the fine will be reduced to $625.00 and the 35% surcharge will be reduced accordingly, to $218.75. Defendant shall timely pay all amounts ordered by this Judgment. No. OWCR012381

OWI 1st OFFENSE JUDGMENT ENTRY

E-FILED 2013 OCT 01 9:57 AM SAC - CLERK OF DISTRICT COURT

4. The Defendant shall comply with all recommendations set forth in the alcohol evaluation dated September 9, 2013 from New Opportunities. a. Defendant shall abide by all recommendations of the evaluation including inpatient or other treatment if recommended. If treatment is recommended, Defendant shall enroll in the first available recommended treatment group and timely complete the treatment. The substance abuse agency shall notify the Sac County Probation Officer of any non-compliance. b. Defendant is Ordered to provide proof of compliance with the recommendations of the Substance Abuse Evaluation, to the Sac County Probation Officer, on a monthly basis until such time as the recommended treatment shall be completed. 5. Defendant shall pay court costs in the amount of $100.00. 6. Defendant shall keep the Clerk of Court notified as to any change in address until all obligations of this case have been completed. 7. If the Defendants license has not already been revoked, for this offense, the Department of Transportation shall revoke Defendants license pursuant to Iowa Code Chapter 321J. 8. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $50.00 per month to the Sac County Clerk of Court with payments to begin on the 1st day of the month following this order and shall continue on the 1st day of each month until paid in full. HOWEVER IF THE ABOVE PAYMENT PLAN DOES NOT RESULT IN THE TOTAL OBLIGATIONS BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS JUDGMENT, THE BALANCE IS DUE AT THAT TIME. Defendant is advised that if one payment is missed, the entire obligation becomes immediately due. Defendant having appeared and sentence being pronounced, IT IS FURTHER ORDERED that any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution. Defendant is advised of the right to appeal this judgment and sentence and of the right to apply for appointment of appellate counsel and the furnishing of a transcript if unable to pay the appeal costs. Defendant is also advised of the necessity to comply with the statutory requirements in filing a notice of appeal. Notice of Appeal must be filed within 30 days of this Judgment. Defendants appeal bond is fixed in the sum of $2,650.00.

Original filed, Copy to: County Attorney Defendant DOT Substance Abuse Agency Sac County Sheriff

E-FILED 2013 OCT 01 9:57 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012381 ORDER FOR JUDGMENT Case Title STATE VS BRUCE MARVIN AUEN So Ordered

Electronically signed on 2013-10-01 09:57:53

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