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E-FILED 2013 NOV 29 2:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 8:53 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 02 9:34 AM SAC - CLERK OF DISTRICT COURT

I N T H E I O T ! { D I S T R I C TC O T ' R TF O R

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COI'NTY

ST.{TEOF IOW,t or
Plaintiff/?etitioner.

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No.

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FINAI{CIAL,\FFIDAVIT/APPLIC,T TION FOR APPOINT\IENT OF COL NSEL

In supportof my application for appointmentof counsel, and under penaltyof perjury, the undersignd states:

BirtD h ate: lLoT


Cell Phone: StreetAddress: E-mail;

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How much moneydo you cunently make beforeta\es or deductions?

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How much moneyhaveyou madein the last l2 monthsfiom any sourca,beforctaxesor deductions?.1,7 How many family members are supponed by or tive with you? Ifa spouse lives with you, how much money doesyour spous nud"l N /N "

per D hour Q monrh fl year

you,or anyone Listallother money else livingin yourhouseh old,has comingin:

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you own including List ryhat morey in barks,cars, trucks, othervehicles, land,houses, buildings, cash, or anything
clse worth more than $ 100:

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I understandI may be required to rep,ry the State for all or part of my attorney feesand costs,I may be required to sign a wage assignment, and I must report rny changesin the inforrnationsubmitted on this I make in this applicrtion are true financialaffidayit. I promiseunder pen!!ltyof pcrjury that the statemcnts me. and that I am unableto pay for an attorneyto represent

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E-FILED 2013 DEC 02 9:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, PLAINTIFF Vs. TIMOTHY J. BETERINK DEFENDANT

) ) ) Crim No.SRCR012466 ) ) Appearance and Waiver of ) Preliminary Hear ) ) )

COMES NOW Charles A. Schulte, Schulte Law Firm, L C, 421 Main St. PO Box 392, Sac City, IA 50583, phone no. (712) 662-4715, and hereby enters his appearance on behalf of the above-named defendant and on behalf of the defendant, waives preliminary hearing in the captioned matter.

/s/Charles A. Schulte AT0007137 SCHULTE LAW FIRM, L C 421 Main St., PO Box 392 Sac City, IA 50583 Phone: (712) 662-4715 Fax: (712) 662-4884

Original filed Copy to: County Attorney

E-FILED 2013 DEC 03 9:42 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. TIMOTHY J BEYERINK , DEFENDANT. 02811 SRCR012466 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 between 125% and 200% of the guidelines, not appointing would cause financial hardship.

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

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E-FILED 2013 DEC 03 9:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012466 Type: Case Title STATE VS TIMOTHY J BEYERINK ORDER APPOINTING So Ordered

Electronically signed on 2013-12-03 21:42:54

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E-FILED 2013 DEC 16 2:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TIMOTHY J. BEYERINK, Defendant. TRIAL INFORMATION CASE No. SRCR012466

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, TIMOTHY J. BEYERINK (defendant) of the crime of WILLFUL INJURY, a Class D Felony in violation of Iowa Code sections 708.4 and 702.18, committed as follows: On or around November 28, 2013, in Sac County, Iowa, defendant assaulted Nathan Ramaekers by repeatedly striking Nathan Ramaekers in the head with a three-foot-long plastic ice scraper, which caused multiple lacerations to Nathan Ramaekers face and mouth. The defendant did this specifically intending to cause a serious injury to Nathan Ramaekers. The defendants act caused a bodily injury to Nathan Ramaekers.

A TRUE INFORMATION

____________________________ Benjamin John Smith Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Email: attorney@saccounty.org

E-FILED 2013 DEC 16 2:10 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST TORI CUDABACK, Deputy, Sac County Sheriffs Office JOEL BURNS, Deputy, Sac County Sheriffs Office MELISSA BEYERINK CASEY HANKINS NATHAN RAMAEKERS

E-FILED 2013 DEC 16 2:10 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012466 Approval of Trial Information Case Title STATE VS TIMOTHY J BEYERINK

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 2013-12-16 14:10:16

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E-FILED 2013 DEC 16 2:10 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. TIMOTHY J. BEYERINK, Defen ant. T(e TRIA) INFORMATION an t(e MINUTES OF E*IDENCE in t(i+ ,atte(ave .een e/a,ine an f!0n t! 1!ntain +0ffi1ient evi en1e, if 0ne/2laine , t! 3a--ant a 1!nvi1ti!n in a t-ial .4 50-4, t(e-ef!-e, t(i+ ,atte- +(all .e +et f!A--ai6n,ent. IT IS HEREBY ORDERED, t(e Defen ant +(all 2e-+!nall4 a22ea- f!A--ai6n,ent at t(e Sa1 C!0nt4 C!0-t(!0+e, Di+t-i1t C!0-t-!!,, #"" NW State St-eet, Sa1 Cit4, I!3a !n t(e De1e,.e- 7", $"#7, at 89"" a.,. T(e Defen ant i+ HEREBY NOTIFIED t(at fail0-e t! a22ea- 3ill -e+0lt in t(e i++0an1e !f an a--e+t 3a--ant. IT IS FURTHER ORDERED, t(e Defen ant:+ .!n an 1!n iti!n+ f!- -elea+e f-!, 10+t! 4 in t(i+ ,atte- +(all .e9 B!n 2-evi!0+l4 +et +(all 1!ntin0e an t(e Defen ant +(all !.e4 all Fe e-al, State, an )!1al la3+. ORDER SETTIN' ARRAI'NMENT AND BOND CASE N!. SRCR"#$%&&

State of Iowa Courts Type: Case Number SRCR012466 ORDER FOR ARRAIGNMENT Case Title STATE VS TIMOTHY J BEYERINK So Ordered

Electronically signed on 2013-12-16 14:10:17

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E-FILED 2014 JAN 06 3:36 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ORDER RESCHEDULING ARRAIGNMENT TIMOTHY J BEYERINK , Defendant. 02811 SRCR012466

The above matter was set for arraignment on December 30, 2013. The matter needs to be rescheduled. IT IS, THEREFORE, ORDERED that the Arraignment Hearing is scheduled on 01/15/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa . Unless a written arraignment and plea of not guilty document in a form substantially similar to that set forth in Rule 2.37 - Form 6 of the Iowa Rules of Criminal Procedure is on file with the Clerk of Court on or before the time set for arraignment, Defendant shall personally appear at the date, time, and place set forth above for Defendant's arraignment.
Clerk to Send Copies to:

County Attorney Chuck Schulte

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E-FILED 2014 JAN 06 3:36 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012466 Type: Case Title STATE VS TIMOTHY J BEYERINK ORDER FOR CONTINUANCE So Ordered

Electronically signed on 2014-01-06 15:36:43

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E-FILED 2014 JAN 15 11:40 AM SAC - CLERK OF DISTRICT COURT

COI'RT FOR SAC COI-NTY IN THE IOWA DISRICT IOWA. STATEOFCITIMINAL NO SRCROI2166 WRITTENARRAIGNMENT. BEYEITINK TIMOTHY.I. Defendant PLEAOF NOT GUII-TY 'l'rial Date Inlbrmationfiled: 1211612013

in the abovc-captioned criminalcaseand underoalh states: COMES NOW the Defendant whoseaddress and phonenumbcrare A. Schulte, I . I am represented by Attorncy Charles 662-4715. 421 Main St..PO Box 392.SacCity, IA. 50583;(712) address andphonenumberareP.O. Box 212. 2. My currentmailing and residence (712)887-1537. My datcof birthis 12-07Lytton,lA 50561.My plionenumberis: the following and havecornpleted the Englishlanguage 1965. I canreadand understand levelofcducation: l2 Years. that I have a right to anaignmenl and understand 4. I havebeen advisedby m-vattorne"v instead to sign this Written in openCourt.and I voluntarilywaivethat right. choosing that times for furlherproceedings Anaignmcntand Pleaof Not Guilti". I understand will be computedfrom thc date of which are computedfrom the date of aruaignment and Pleaof Not Guilty. filing this Written Arraignr"nent whicl.r charges me with thc crime of a copy of the l'rial Information 5. I havereceived Section 708'4 and 702.18. COUNT l: WILLFUL INJURY in violation of Iowa Code in the Trial Information(eithercheck 6. With regardto the nameby rvhichI an, charged "a" or checkand complete"b"): g;4-{ The ncmc on the Trial Inlbrmationis my true namc. I havebeenadvised to the frial Informationuponthe from objecting that I am now precluded and undfrstand groundthat I am improperlynamed. ( )b. I'he nameshou'non the Trial Informationis not my true name. My true that an entry be madein the minutesshowingmy true name. I have nameis. I request beenadviscd and understandfurther procccdingswill bc had againstn.rc by that name. and when the l'rial Infbrmationis so accordingly, will be amended the Trial L.rfbrmation I am improperlynamed. uponthe grounds tiom objecting I will be precluded amcnded. that I may pleadguitty.not guilty or former 7. I havebeenadviscdand understand convictionor acquittal.

-2.

E-FILED 2014 JAN 15 11:40 AM SAC - CLERK OF DISTRICT COURT

my casewith ofthis anaignment. I havehad sufficienttime to discuss 8. Forthe purpose my attorney,and I waive any lurther time in rvhich to enter a plea. in paragraph 5 above. 9. I pleadNOT GUILTY to the charges that I havc a right underRule 2.33(2)(b) ofthe 10. I havebeenadvisedand understand Iowa Rulesof Criminal Procedure to a trial within ninety days/oneyear after the filing of the Trial Inlbrniationand (checkeither"a" or "b"): (;,)d I demandspeedy trial pursuant to Rule 2.33(2)(b) and (c). ( ) b. I waive my,right to a speedy trial pursuant to Rule 2.33(2)(b) and (c). to Rule 8.1 ofthe /owa RulesoJCriminal I l. I request that a trial datebe setpursuant for trial on the following days:Any Procedure.My attorneyand I will be availablc Time.

Attorneyfor Defendant Original to be filed with Clerk of Court Copy provided to: Sac County Attorney'

E-FILED 2014 JAN 21 11:18 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY J BEYERINK , Defendant. The defendant having filed a written arraignment in this matter on January 15, 2014. The defendant DEMANDS the right to a speedy trial. IT IS ORDERED as follows: Pretrial Conference: Pretrial Conference is scheduled on 02/19/2014 at 11:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed prior to the pretrial conference, the conference will be canceled.
IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE DEFENDANT'S ARREST MAY ISSUE.

Case No: 02811 SRCR012466 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

Jury Trial: Jury Trial is scheduled on 03/04/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on the charge(s) contained in the Trial Information.
If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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E-FILED 2014 JAN 21 11:18 AM SAC - CLERK OF DISTRICT COURT Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to: County Attorney, Defense Attorney or Defendant

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E-FILED 2014 JAN 21 11:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012466 Type: Case Title STATE VS TIMOTHY J BEYERINK ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-01-21 11:19:44

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E-FILED 2014 FEB 11 10:49 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 4:49 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 4:49 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 20 1:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 SRCR012466 Plaintiff, vs. TIMOTHY J BEYERINK , Defendant.

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in this cause. IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the Court or personally appear for further proceedings, a Plea Hearing is scheduled on 03/19/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest being issued.

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E-FILED 2014 FEB 20 1:44 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012466 Type: Case Title STATE VS TIMOTHY J BEYERINK OTHER ORDER So Ordered

Electronically signed on 2014-02-20 13:45:07

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E-FILED 2014 FEB 24 11:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY JOSEPH BEYERINK, Defendant. COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial Information in the above entitled matter states to the Court: 1. The amendment will not materially change the issues nor work any hardship on the Defendant. 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: ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.2(2) 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 substituted and amended Trial Information. /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org Copy to: PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on February 24, 2014, by: [ ] U.S. Mail [ ] Fax [ ] Hand Delivered [X] Email [ ] Certified Mail [X] EDMS Signature: /s/Norma Hecht

No. SRCR012466 REQUEST FOR LEAVE OF COURT TO AMEND TRIAL INFORMATION

E-FILED 2014 FEB 24 11:19 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. TIMOTHY JOSEPH BEYERINK, DOB: 12/07/1965 Defendant. CRIMINAL CAUSE NO. SRCR012466 TRIAL INFORMATION

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, Timothy Joseph Beyerink of the crime of ASSAULT CAUSING BODILY INJURY, a Serious Misdemeanor in violation of Iowa Code Sections 708.1 and 708.2(2) committed as follows: The said Defendant, Timothy Joseph Beyerink on or about November 28, 2013 in the County of Sac and State of Iowa, did unlawfully and willfully assault Nathan Ramaekers, causing bodily injury. A TRUE INFORMATION

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

E-FILED 2014 FEB 25 11:36 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Cas N". SRCR#$%&'' Plaintiff, vs. ORDER TIMOTHY J. BEYERINK, D f n!ant. NOW, "n t(is %)t( !a* "f F +,-a,*, %#$&, t( C"-,t is in , . i/t "f t( Stat 0s R 1- st f", 2 av "f C"-,t t" A3 n! T,ial Inf",3ati"n. T( R 1- st s("-l! + 4,ant !. IT IS THEREFORE ORDERED t(at t( Stat 0s R 1- st is 4,ant !. T( T,ial Inf",3ati"n is a3 n! ! t" /,"vi! t(at D f n!ant is n"5 .(a,4 ! 5it( Assa-lt Ca-sin4 B"!il* In6-,*, a S ,i"-s Mis! 3 an",, in vi"lati"n "f I"5a C"! S .ti"ns 7#8.$ an! 7#8.%9%:.

Cl ,; t" f-,nis( ."/i s t"< C"-nt* Att",n * D f ns C"-ns l

E-FILED 2014 FEB 25 11:36 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number SRCR012466 OTHER ORDER Case Title STATE VS TIMOTHY J BEYERINK So Ordered

Electronically signed on 2014-02-25 11:36:30

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E-FILED 2014 FEB 27 4:31 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATEOF IOWA, Plaintiff, No. SRCROl2466 VS. GUILTY PLEA BEYERINK, TIMOTHY JOSEPH DOB:1210711965, Delendant.
the followtng: I, the undersigned Defendant,havecarefullyread and fully understand COUNTI "D" Felonyin violationof lowa Code sections 708.4 I am charged with MLLFUL INJURY, a Class he wrth a PleaAgreement madewith the SacCountyAttomey whereby and 702.18. In conjunction of ASSAULT WITH BODILY INJURY, in violationof Iowa will amend CountI to a charge that my I now request to Section708.2(2), a Serious Misdemeanor; CodeSection708.1pursuant pleaofnot guilty be changed charge. to a Pleaof Guiltyto the amended A. The maximumpunishmentfor a SeriousMisdemeanoris imprisonmentof not more than one year plus all court costsand all plus statutory surcharges, in jail, and a fine ofnot more than$1,875.00 There is a minimum fine of $315.00,plus a 35% costsand fees incurrcd for legal assistance. I unless due on the dateof sentencing, surcharge ur the amountof$100.80,which is immediately requesta pa).mentplant within thhly days of the Judgmententry date. In addition, if the charge i s a v i o l a t i oo n f C o d eS e c t i o n s 1,2 4 ,1 5 5 A , 4 5 3 8 , 7 1 3 , 7 1 4 , 7 1 5 A , 7 1 6 , 7 1 9 . 8 , 7 2 5 . 1 , 7o 2r5 . 2 I that of$125. acknowledge Law Enforcement Initiativesurcharge 725.3,thereis an additional work if the Court is of the opinionthat the Court may order me to perform communityservice community service work will deter and discourageothers liom similar criminal activity. (The rate at which community serviceshall be calculatedagainstmy fine shall be the lederal minimum wage.) In addition, I may be required to pay conectional fees for incarcerationand enrollment fees for probation. I am aware that sentencingoptions may include defenal of Judgmentand imposed. ofthe sentence the grantofprobatronandthe suspension Sentence, B. I understandthat a criminal conviction, defened judgment or deferred sentencemay affect my immigration laws. status underfederal C. If I plead not guilty, I would be entitledto the followurg rights. I give up theserights by pleading guilty: ( I ). The right to a speedy and publictrial by a jury of twelvepeople. (2). The right to have an attomey representme at trial and, if the Court found I was unableto me. appointan attorneyto represent afford an attorney,the Court would, at public expense, my guilt (3). At trial, I rvouldbe presumed innocent until suchtime, ifever; the Stateestablished doubt. beyonda reasonable (4). At trial, a jury verdictof guilty would haveto be unanimous. (5). At trial, I would havethe privilegeagainst that is, I cannotbe fbrcedto self-incrimination, testifu,and if I choosenot to testiry,the Statemay not commenton the fact of my failureto to ajury urstruction statingthat the jury could not testifyand,at my request, I would be entitled infer guilt from my failure to testiff. it relied upon whosetestimony (6). At trial, the Statewould havcto confrontme with witnesses those witnesses. to obtainconviction, and I would havethe right to crossexamine

E-FILED 2014 FEB 27 4:31 PM SAC - CLERK OF DISTRICT COURT

to testify on my behalf and to compulsory (7). At trial, I would be entrtledto presentwitnesses process thosewitnesses. to secure

D. By pleadingguilty, there will not be a trial of any kind. By pteadingguilty, I waive my right to
trial. and will be treatedas if I had beentried and found guilty by a jury.
F

The Court, ur determiningwhether there is a factualbasisfor this plea of guilty, may make sucha determinationby examining the Minutes of Testimony attached to the Trial Information, by the offense, reviewingthe investigativereports of law enforcementagentswho have investigated or by askurgme or counselto recite and summarizethe material facts that would be offered at trial. the Stateand madebetween to acceptor rejectanyplea agreement The Court hasthe discretion myself. The plea agreement is: The Count)' Attomelz will recommendthat Count I be amended

attomey fees:to be paid as set out in the ProbationAgreement. and fines,surcharges, courtcosts, I will complywith the Planof Palmentfor VictimRestitution, the Judgnent, Ordered by to pay. I will pay all amounts feesI am CourtOrdered anyotherfinancial dav per monthto theSacCountvClerkofCourt with palmentto beginon the 15'n by paying $75.00 paid month until ofeach the l5'n dav on entry.andshallcontinue ofthe monthfollowinqtheJudgmcnt in fuII.HOWEVER,IF THE ABOVE PAYMENT PLAN DOESNOT RESULTIN THE TOTAL OBLIGATION BEING PAID WITHIN 24 MONTHS OF THE DATE OF THIS is that if onepaYment JUDGMENT,THE BALANCE IS DUE AT THAT TIME. I understand due. immediatelv missed. the entireobliqationbecomes This plea agreementincludes that I will be responsibleto pay court costs, payment of all vrctim restitution,correction(lail) fee for anyjail time costsand fees incurredfor legal assistance, (seeparagraphB) applicableto my case. and mandatorypunishments and all surcharges I now state to the Court that I am, in fact GUILTY and that no threats or promiseshave been made to induce me to enter my plea of guilty. I have been informed that the elementsof the crime are: A person commits assault by, rvithout justification, commits any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensiveto another,coupledwith the apparent ability to execute the natureof the charge the act, and did cause a bodily injury to the victim. I understand me. agalnst This offensewas committed by me in Sac County, Iowa by my doing the following: On or about the 28'h day of November 2013 at 120 Oak Street, Lytton lowa, I did assault Mr. Nathan Ramaekers,without justification, by repeatedly striking Mr. Ramaekersin the head with an ice scrapper,causingbodily injury to Mr. Ramaekers'faceand mouth. I herebystate that I submit this written plea of guilty with full knowledge and waiver of my rights and I do so lieely and voluntarily. No threatshave beenmade againstme to obtain this guilty plea. No promises of ]eniency or favorable treatment have been made, except for any plea bargain to the Court at the time of this guiltyplea. disclosed

E-FILED 2014 FEB 27 4:31 PM SAC - CLERK OF DISTRICT COURT

F. Ifthe Court accepts my pleaof guilty, I realize: (1). The Court will set a sentencing datenot lessthan fifteen daysafter the date of its acceptance of this guilty plea unlessI waive this right. In order to contestthis plea of guilty, I must file a Motion ur Arrest ofJudgment at least five daysprior to sentencing.The right to file a today. Motion in Arrest of Judgmentwill be waivedby having the Court imposea sentence (2). If the Court imposes a sentence today,i will neverbe ableto challenge this plea of guilty, and I will be giving up my right to directly appealmy guilty plea. I ask the Coufi to accept this plea of guilty. I waive the precedingrights and my right to have the Court address me personally. WAIVER OF MOTION IN ARREST OF JUDGMENT now. I understand that: If the Court accepts my pleaof guilty,I wish to be sentenced no laterthan 1. ln orderto contest this pleaof guilty,I mustfile a Motion in Arrestof Judgment ofjudgment, 45 days after a plea of guilty and no later than 5 days prior to pronouncement and that the Court will set a sentencing date not lessthan fifteendays after the date of its plea acceptance of this guilty unless I waivethis right, and the right to file a Motion in Arrest now. of Judgmentwill be waived by havingthe Court imposea sentence 2. By having the Court impose my sentence now, I will never be able to challengethis plea of guilty and I will be giving up my right to directly appealmy guilty plea. I hereby request the Court sentence me now and I waiveany time to which I may be entitledfor sentencing at a laterdate. WAIVER OF RIGHT TO BE PRESENT and I have beenfully advisedthat I have a constitutionalright to be presentat my sentencing presentevidenceur my own behalf I understand that it is my choiceto be presentor not, and that no one canexclude me from sentencurg. With the above in mrnd, and further understanding that my decisionwhetherto be presentor not is my own decision, I hereby knowingly and voluntarily waive the right to be present at my sentencing. -r4,.'' Defendant,Timothy Joseph

STATEOI' IOWA SS SACCOUNTY or ini"2-7 oppeared aa1 * 2t8 z -,r0t,lbeforeme thcundersigned, pcrsonally a Notary Public in andfor saidStatc, personjamedin and who , to me knownto be the idcjttLical

executed the lbregoing instmmcnt,and acknowledged that he

Public in andtbr

E-FILED 2014 FEB 28 11:40 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, 02811 SRCR012466
vs.

TIMOTHY J BEYERINK , Defendant.

Order Accepting Plea and Setting Sentencing

NOW on February 27, 2014, the defendant submits a verified Written Plea of guilty. The defendant is charged with Assault with Bodily Injury, in violation of Section 708.1, 708.2(2), of the Iowa Code. The defendant states that defendant is ready to plead and enters a plea of guilty. The written plea of guilty shows that the defendant's plea is voluntary, being freely and intelligently made, with an understanding of the charge, with knowledge of the penal consequences of the plea, with full knowledge of the defendant's constitutional rights, and that said rights are waived by a plea of guilty, without any threats, improper inducements or persuasion, and the Court finds there is a factual basis for the defendant's plea of guilty. The written plea indicates the defendant's informed understanding of defendant's rights contemplated in the cases of State v. Sisco, 169 N.W.2d 542; Brainard v. State, 222 N.W.2d 711; and State v. Reaves, 254 N.W.2d 488, all as shown in the defendant's written plea of guilty, which plea is made a part hereof by this reference. The Court, therefore, accepts the defendant's plea of guilty, and it is entered of record. Sentencing Hearing is scheduled on 03/19/2014 at 9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa , in Courtroom 1 To facilitate compliance with Section 690.2, Iowa Code, the defendant shall verify and certify the defendant's participation in fingerprinting procedures at or before the time set for judgment and sentencing proceedings.

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E-FILED 2014 FEB 28 11:40 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number SRCR012466 Type: Case Title STATE VS TIMOTHY J BEYERINK ORDER TO ACCEPT PLEA So Ordered

Electronically signed on 2014-02-28 11:40:31

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