E-FILED 2013 JUN 20 3:09 AM SAC - CLERK OF DISTRICT COURT

DISTRICT COURl U F liiVV.'SAC COUNTY FILED

IN THE IOWA DISTRICT COURT FOR SAC COUNTY MAGISTRATE DIVISION STATE OF IOWA, Plaintiff MAGISTRATE NO.

2 0 1 3 . I I I N 20 A M 9 = 20

INITIAL APPEARANCE OWI Defendant On this f j ( Q L ^ day of J I c h 2 0 / 3 , the Defendant herein appears before the undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While Intoxicated I ^^T offense, being a violation of Section 3 of the Code of Iowa. The Court advises the Defendant as follows: 1. That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them.

2. That he/she is charged with a violation of Section 331 ~). \ , which is classified as: Felony - Class Aggravated Misdemeanor Serious Misdemeanor 3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail - Minimum r3\ days a) . Years Prison _ . .b) . "And/Or a fine of not less than $ / j j O or more than $ f l 7 S -j J S ( i S ( C T c) . _ You will lose your license for a minimum of / jffidays and cannot obtain d) . a work permit for days. 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. You will be released from custody prior to trial on your own promise to appear at all (a) further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a ClaM D feluny/serious misdemeanor; or (b) ^ (If appropriate) Upon consideration of the factors in Section 811.2, the Court is-not reaaonably-flSWTffrhthflt-yotr-wHI-appear^ 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 vour 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) 7325136) or a facility ofyour choosing A T YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerk of Court at P.O. Box 368, Sac City, IA 50583. YOU A R E NOTIFIED THAT THIS IS MANDATORY, AND YOUR FAILURE TO C O M P L Y WILL RESULT IN ISSUANCE OF A N ARREST WARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

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6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:

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 T O 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.) /} A ) / /7 arren L. Bush/Joseph J . Heidenreich, i, Judicial Magistrate Copies to: -"County Attorney i Defendant LSac County Sheriff

FILED

2 0 I 3 . I U N 2 6 ^ H 1 0 : 05
IN THE IOWA DISTRICT COURT FOR STATE OF IOWA or Plaintiff/Petitioner, Sac COUNTY Criminal Civil

N O . burRoi^o
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:

km
/

C)<tf\'rtA
<

Birth Date:.

Home Phone: 1 f l / l f f l ' f f i S \ Street Address: Pending charges: Do you have a job? No Job

Cell Phone: S m L Apt #

E-mail: - ^ ^ J g U 4 / Y f City State Zip

m&

Street/P.O. Box

(Lam M - sm
Yes, Part Time (List ^oursfweek: ^

_ In Jail? Yes C^Jo Yes, Full Time ^

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Who do you work for? fl UQjJiffl^ How much money do you currently make before taxes or deductions?

per hour ^l^tnonth year

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

cz
How many family members are supported by or live with you? ^
per hour j^-month year If a spouse lives with you, how much money does your spouse make?

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

^5^^

'

. ^~^}kA

&l^l f^\

>

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

List amounts yjp^pay monthly for inprtgages, rent, car loans, credit cards, child support, or any other debts:

Ipr1b

:1

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 statemen/s^ make in this application are true and that I am unable to pay for an attorney to represent me. Date []( ^ IS Signaturf J ~~ f

I <^ l&W-&fe&/N mist ^ ^m^rrZ]

E-FILED 2013 JUN 26 12:07 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TAMATHA LEE DANIEL , DEFENDANT. 02811 OWCR012330 ORDER RE: APPLICATION FOR APPOINTMENT OF 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 has income at or below 125% of the guidelines, not appointing would cause financial hardship.

Attorney Robert Petersen, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2013 JUN 26 12:07 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012330 Type: Case Title STATE VS TAMATHA LEE DANIEL ORDER APPOINTING So Ordered

Electronically signed on 2013-06-26 12:07:15

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E-FILED 2013 JUL 09 10:34 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA Plaintiff, vs. TAMATHA LEE DANIEL, Defendant. The Defendant, Tamatha Lee Daniel, by and through her attorney, provides written notice of waiver of preliminary hearing. WAIVER OF PRELIMINARY HEARING Criminal Number OWCR012330

___/s/ Robert Peterson____________ ROBERT E. PETERSON, AT0009773 P.O. Box 1144 Carroll, IA 51401 Phone: 712-792-4485 Facsimile: 712-792-4124 Email: robertpetersonlaw@gmail.com ATTORNEY FOR DEFENDANT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TAMATHA LEE DANIEL, DOB: 06-07-1975 Defendant. TRIAL INFORMATION Case No. OWCR012330

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, Tamatha Lee Daniel (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 June 20, 2013, in Sac County and State of 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 JUL 30 4:06 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012330 Approval of Trial Information Case Title STATE VS TAMATHA LEE DANIEL

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 2013-07-30 16:06:19

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E-FILED 2013 JUL 30 3:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TAMATHA LEE DANIEL, Defendant. ATTACHMENT TO TRIAL INFORMATION: WITNESS LIST Case No. OWCR012330

TORY CUDABACK, Deputy, Sac County Sheriffs Office Michael M. Tate, James A. Bleskacek or Designated Criminalist, CRIMINALIST, Iowa Department of Public Safety

E-FILED 2013 JUL 30 4:06 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL NO. OWCR012330 Plaintiff, ORDER SETTING ARRAIGNMENT AND BOND VS. TAMATHA LEE DANIEL, 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 13th day of August 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 OWCR012330 ORDER FOR ARRAIGNMENT Case Title STATE VS TAMATHA LEE DANIEL So Ordered

Electronically signed on 2013-07-30 16:06:19

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E-FILED 2013 AUG 08 6:03 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Plaintiff, v.

Criminal No. OWCR012330

TAMATHA LEE DANIEL,

Defendant.

WRITTEN ARRAIGNMENT AND PLEA OF NOT GUILTY

COMES NOW the above named defendant in the above captioned criminal case and under oath states: 1. I am represented by Attorney Robert E. Peterson, whose address and telephone number are 108 West 8 th St, P.O. Box 1144, Carroll, IA 51401, 712-792-4485. 2. My current mailing and residence addresses and telephone number are: IA 51401 712-292-8351 502 E 7 th St, Carroll,

3.

I am 38 years old. I can read and understand the English language and have completed the following level of education: I have been advised by the above named attorney and understand that I have a right to arraignment in open court, and I hereby voluntarily waive that 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.

4.

5.

I have received a copy of the indictment/trial information which charges me with the crime(s) of 3211.2 (2013). I have read Operating While Intoxicated in violation of Iowa Code section(s) it, and I have familiarized myself with its contents.

6.

With regard to the name by which I am charged in the indictment/trial information (either check "a" or check and complete "b"): Na. The name shown on the indictment/trial information is my true name. I have been advised and understand that I am now precluded from objecting to the indictment/trial information upon the ground I am improperly named. [ I b. The name shown on the indictment/trial information is not my true name. My true name . I request that an entry be made in the minutes is showing my true name. I have been advised and understand further proceedings will be had

E-FILED 2013 AUG 08 6:03 PM SAC - CLERK OF DISTRICT COURT

against me by that name, the indictment/trial information will be amended accordingly, and when the indictment/trial information is so amended I will be precluded from objecting upon the ground I am improperly named. 7. I have been advised and understand that I may plead guilty, not guilty, or former conviction or acquittal. For the purpose of this arraignment, I have had sufficient time to discuss my case with the above

8.

named attorney, and I waive any further time in which to enter a plea.
9. I plead NOT GUILTY to the charge(s) of Operating While Intoxicated

10. I have been advised and understand that I have a right under rule 2.33(2)(b) to a trial within 90 days after indictment/filing of trial information and [check either "a" or "b"]: [ ] a. I demand a speedy trial pursuant to rule 2.33(2)(b). NA] b. I waive my right to a speedy trial pursuant to rule 2.33(2)(b). 11. I request that a trial date be promptly set pursuant to rule 2.9. My attorney and I will be available for trial on the following days:

Defendant State of Iowa Carroll County, ss. Subs4Libed, sworn to, and acknowledged before me by Tamatha Daniel this , 20

day of

13.

Notary public or other officer authorized to take and certify acknowledgements and administer oaths. [seal]
.1,011A/

*
/ow
.

ROBERT E. PETERSON Commission Number 758404 MY COMMISSION EXPIRES_. MAY 21,

E-FILED 2013 AUG 12 9:33 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. TAMATHA LEE DANIEL , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on August 8, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant Waives the right to speedy trial. 4. Defendant is represented by Mr. Robert Peterson. 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. ORDER FOR TRIAL Case No. 02811 OWCR012330

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY ROBERT EUGENE PETERSON DISTRICT COURT ADMINISTRATOR

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E-FILED 2013 AUG 12 9:33 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number OWCR012330 Type: Case Title STATE VS TAMATHA LEE DANIEL ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-08-12 09:32:58

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E-FILED 2013 AUG 20 11:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TAMATHA LEE DANIEL, Defendant.
IT IS THE ORDER OF THIS COURT: 1. Pretrial conference in this matter under I.R.Cr.P. 15 will be held at 9:00 a.m. on the 10th day of September 2013, at the Sac County Courthouse, Sac City, Iowa, to consider: a. Possibility of settlement b. Time for trial; and c. Matters to expedite the trial. 2. Cases which are going to be settled if at all possible at or before the pretrial so that the trial assignment will not be clogged with cases which are not going to be tried. 3. 4. Defendant shall personally appear. If the Pre-Trial Conference time does not work for defense counsel, contact the County Attorney for another time.

No: OWCR012330

ORDER SETTING DATE FOR PRETRIAL CONFERENCE

Original filed edms, Copies by edms to:

Benjamin John Smith, Sac County Attorney Robert E. Peterson, Defendants Attorney

E-FILED 2013 AUG 20 11:19 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012330 ORDER FOR PRETRIAL CONFERENCE Case Title STATE VS TAMATHA LEE DANIEL So Ordered

Electronically signed on 2013-08-20 11:19:03

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E-FILED 2013 OCT 01 4:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY No. OWCR012330 STATE OF IOWA, Plaintiff,
vs. TAMATHA LEE DANIEL, DOB: 06/07/1975 Defendant.

OWI 1st OFFENSE GUILTY PLEA COUNT I

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 of Iowa Code Section 321J.2, a Serious Misdemeanor, and I hereby request that my plea of guilty to the charge be entered of record. 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 nonprofit 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.

E-FILED 2013 OCT 01 4:09 PM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2013 OCT 01 4:09 PM SAC - CLERK OF DISTRICT COURT

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 lst Offense. The County Attorney will recommend a Deferred Judgment. I will be placed on informal probation to the Sac County Probation Officer for a period of one year from the Judgment date. I will pay the $1,250.00 civil penalty, court costs, and court appointed attorney fees: to be paid as Ordered by the Court. If I provide proof of a temporary driving permit, the civil penalty will be reduced to $625.00. I will follow the recommendation of the Substance Abuse Evaluation, which was no treatment. I will complete the 12 hour Prime for Life Driving Course. 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. E. 1 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 June 20, 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 .104 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. F. 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.

E-FILED 2013 OCT 01 4:09 PM SAC - CLERK OF DISTRICT COURT

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.

Attorney for Defendant, Robert E. Peterson STATE OF IOWA

) SS

SAC COUNTY
day of 2013 before me undersigned, a Notary Public in and for said State, personally appeared , to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that she executed the same of her voluntary act and deed. Notary Public in and for the State of Iowa

On this

e) 1

E-FILED 2013 OCT 02 7:21 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, No. OWCR012330 vs. ORDER DEFERRING JUDGMENT TAMATHA LEE DANIEL, Defendant. COUNT I Be it remembered that the State appears by Sac County Attorney Benjamin John Smith, and Defendant is represented by Attorney at Law Robert E. Peterson. The Defendant having previously filed herein a Waiver of Rights and Appearance Plea of Guilty to the said offense, which plea contained statements by Defendant pursuant to the requirements of State v. Sisco, 169 N.W.2d 542 and Brainard v. State, 222 N.W.2d 711. Defendants guilty plea is accepted. In entering her guilty plea the Defendant acknowledged awareness of her rights and that the plea was voluntarily entered. Defendant waived additional time for sentencing and acknowledged that she would not be in a position to file a motion in arrest of judgment if judgment was imposed immediately and that Defendant still wished to have sentence pronounced at this time. The Defendant has plead guilty to the crime of OPERATING A MOTOR VEHICLE WHILE INTOXICATED 1ST OFFENSE, a Serious Misdemeanor, in violation of Iowa Code Section 321J.2. IT IS ORDERED that the entry of judgment and pronouncement of sentence is deferred and Defendant is placed on informal probation to the Sac County Probation Officer for a period of one year, and during such probation period, Defendant shall abide by all the terms and conditions of the probation as set forth on the Probation Agreement. Upon successful completion of probation, Defendant shall be discharged without imposition of sentence or judgment. Defendants probation shall be subject to the following terms and conditions: 1. Defendant, within 72 hours of this Judgment, shall sign a Probation Agreement with the Sac County Probation Officer at the Sac County Courthouse, 100 NW State Street, Suite 9, 2nd Floor, Sac City, Iowa, 50583. a. Defendant shall obey all Federal, State, and local laws and ordinances. b. Defendant is Ordered to report any new arrests, to the Sac County Probation Officer within seven days of the arrest date. c. Defendant shall abstain from the use of illicit drugs and alcohol during his probationary period. d. Defendant shall timely pay all amounts ordered by this Judgment. 2. Defendant shall pay a Civil Penalty to the State Court Administrator in the amount of $1,250.00; to be paid as ordered by the Court. If Defendant provides proof that she has

E-FILED 2013 OCT 02 7:21 AM SAC - CLERK OF DISTRICT COURT

obtained a temporary license work permit to drive, then the Civil Penalty is reduced to $625.00. 3. Defendant shall pay court costs in the amount of $100.00 and other fees; to be paid as ordered by the Court. 4. Defendant shall pay court appointed attorney fees in the amount of $400; to be paid as ordered by the Court. 5. Defendant shall (at her own expense) complete a 12-hour Prime for Life course or similar program within six (6) months of this date. 6. Defendant has submitted to a substance abuse evaluation and the results are on file with the Clerk of Court, dated July 11, 2013 from New Opportunities. Defendant shall abide by all recommendations of the evaluation including inpatient or other treatment if recommended. 7. Defendant shall keep the Clerk of Court and the Sac County Probation Officer notified as to any change in address until all obligations of this case have been completed. 8. 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. 9. IT IS FURTHER ORDERED that Defendant shall pay all amounts ordered by this Judgment by paying $75.00 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. IT IS FURTHER ORDERED that bond previously set in this matter is exonerated. Defendant having appeared, any balance of appearance bond is released after application to fine, surcharge, court costs, attorney fees, and restitution.

Original filed, Copies to: County Attorney Defendants Attorney, Robert E. Peterson Department of Transportation Court Administrator

E-FILED 2013 OCT 02 7:21 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number OWCR012330 ORDER FOR JUDGMENT Case Title STATE VS TAMATHA LEE DANIEL So Ordered

Electronically signed on 2013-10-02 07:21:05

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