E-FILED 2014 NOV 24 8:42 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR

SAC COUNTY
This Complaint and Affidavit is to be:

Filed with Court Clerk (cc: CA) Agency Case Number: 14-12925

Submitted to County Attorney Arrest Date: 11/23/2014

Filed with JCO - Defendant is a Juvenile

THE STATE OF IOWA

VS.
OFFENDER
Last First Middle Suffix
KRAMER KAMDEN KELLY
Address City State Zip Code
1402 HARRIET AVE CARROLL IA 51401-0000
Date of Birth Gender Race Ethnicity
1/7/1983 MALE WHITE - W NOT OF HISPANIC ORIGIN - N
State Height Weight Eye Color Hair Color
IA 6' 04" BLUE - BLU
OFFENSE
State Local Code Section Crime Description Class
321J.2(2)(A) OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE SRMS
Location Type
13 - HIGHWAY/ROAD/ALLEY
Literal Description
N028/DAKOTA AVE
Address City State Zip Code
1/2 SOUTH OF 355TH ST. ON N28 AUBURN IA 51433
Is Date and Time of Incident Known? Incident Date or Low Range Upper Date Range Incident Time or Low Range Upper Time Range
YES 11/22/2014 22:20
STATUS OF OFFENDER/JUVENILE
TAKEN INTO CUSTODY CUSTODY SUMMONS TO APPEAR
1 - JAILED (Citation Issued)

WARRANT REQUESTED NO CONTACT ORDER RELEASED TO

REQUESTED PARENT/GUARDIAN

NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
operate a motor vehicle by one or more of the following means: a. While under the influence of an alcoholic beverage or drugs or a combination of
such substances; b. While having an alcohol concentration of .08 or more as measured in the person's breath, blood or urine; c. while any
amount of a controlled substance is present in the person as measured in the person's blood or urine

VICTIM INFORMATION (Optionally displayed, especially if NCO is requested)

Last First Middle Suffix

Business/Organization/State/County/Municipality Name
STATE OF IOWA
Address City State Zip

AFFIDAVIT
STATE OF IOWA, SAC COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
I, Deputy Burns, was dispatched to a traffic complaint on N28, south bound from 345th St. approximately. RP stated that the vehicle ahead of them, a
black 2012 Ford Fusion IA Lic. 129WGB, was going 25 mph and was all over the road. RP then stated that the said vehicle

Printed At SAC COUNTY SHERIFF'S OFFICE 11/24/2014 8:49 AM Page 1 of 2 Form #: 14-12925
 E-FILED 2014 NOV 24 8:42 AM SAC - CLERK OF DISTRICT COURT
stopped on the side of the road. I observed said vehicle on the side of the road a 12 mile south of 355th St. Upon making contact with the driver, I had
to first wake the driver up. The driver stated that he had been in Pameroy at a party. There was a 24 ounce Bud Light beer can in the cup holder. The
driver stated he had 3-4 drinks at the party. The subject had blood shot watery eyes, slow slurred speech, and a strong odor of consumed alcohol on or
about his person. The driver also had vomit on his crotch area of his pants the floor board and in the cup holder. Displayed distinct and sustained
nystagmus at 45 degrees and prior to 45 degrees. Defendant performed poorly on the walk and turn and the one leg stand. Defendant consented to
PBT test which indicated a level above the legal limit. Defendant was read the implied consent form and the specimen request form and consented by
checking the box and signing the form. Results of the data master was .142 BAC.

BURNS, JOEL 81-7

Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE
Defendant Implicated
02 - CAUGHT IN ACT, 03 - ADMISSION/STATEMENTS, 05 - OPERATING MOTOR VEHICLE, 06 - POSSESSED ALCOHOLIC
BEVERAGES/CONTAINERS, 08 - CRIME OBSERVED BY OFFICERS, 09 - NEAR SCENE OF CRIME, 11 - POSSESSION

Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury
Sac - 81
OWI
OWI
02 - P.B.T. OVER .08, 03 - BAC OVER LIMIT, 04 - FAILED HGN, 07 - POSSESSED ALCOHOLIC BEVERAGES/CONTAINERS, 08 -
BLOODSHOT/WATERY EYES, 10 - FAILED WALK AND TURN TEST, 11 - IMPAIRED BALANCE, 12 - SLURRED SPEECH, 13 - ALCOHOL ODOR
ON BREATH, 14 - FAILED ONE-LEG STAND

BAC on Datamaster
DCI Lab Screen Positive for Drugs
.142%
Field Sobriety Tests Refused Number of Offense
1 - FIRST OFFENSE

STATE OF IOWA, SAC COUNTY

Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on 11/23/2014
Notary Name KAREN KIME Signature of Verifying Party

Commission Number 777584

My Commission Expires 03/21/2016 Peace Officer Notary Prosecuting Attorney

Printed At SAC COUNTY SHERIFF'S OFFICE 11/24/2014 8:49 AM Page 2 of 2 Form #: 14-12925
 IN THE IOWA DISTRICT COURT FOR SAC COUNTY
CD E:
~ CO
MAGISTRATE DIVISION —I

CD too
STATE OF IOWA,
ro Z}"P.
Plaintiff MAGISTRATE NO. Q l O C r N ^

-< -n
ro o
INITIAL APPEARANCE
OWI

Defendant

33*& day J t ^ t M f a
On this °^ — ' ' d a y o f ~ t / ^ ^""^ v v
20
0 | \
2 , _|_}
the Defendant herein appears before the
undersigned Magistrate in and for Sac County, having been charged with the crime of Operating While
t n e
Intoxicated - \ \ V offense, being a violation of Section ?3U«J" X . ° f Code of Iowa. t

The Court advises the Defendant as follows:

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 ofthe proceeding and, if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

That he/she is charged with a violation of Section 3d>l-3~ Jj^ , which is classified as:
t

Felony - Class
Aggravated Misdemeanor
IKSerious Misdemeanor

That the maximum punishment for a plea of guilty or conviction of the above charge is:
a) One Year County Jail - Minimum days
b) Years Prison . i"2C<ll SYf f IS
c) And/Or a fine of not less than $ (cAVfl or more than $ [ l f \ T * * W
d) You wil| lose your license for a minimum of / j$ days and cannot obtain
a work permit for Q 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.

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 Gas's-1) lelohy/serious misdemeanor; or
(b) N . (If appropriate) Upon consideration of the factors in Section 811.2, tire Cuui I Is Hoi
''''y UUUIIIMI/t T H i t y n n w i l l a p p e a r at all i-miit pPllliUullllljN i II , future a^rf f h f t r f f n T P t h e

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.
You must obey the laws of the State of lowa and the United States.
rr_3 ( 3 ) You are ordered to complete a substance abuse evaluation immediately at New
\ F H 4 ) 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 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 AN ARREST WARRANT AND
REVOCATION OF YOUR PRETRIAL RELEASE.
 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:

Set for the ( ^ ^ d a y of O ^ g g ^ - ^ ' e ^ , 20 Hi at [ 0 1 5 b A . M . in the

Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa. ^^"7

If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 II
before attending this hearing to determine whether or not it will be held. «. J

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
F R O M 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 require the assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa
TTY at 1-800-735-2942.)

Warren L. Bush Judicial Magistrate

Copies to:

County Attorney
Defendant
Sac County Sheriff
 E-FILED 2014 DEC 08 3:14 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )

Plaintiff, ) Case No. OWCR012704; STA0022050

V. )
APPEARANCE AND
KAMDEN KRAMER, ) WAIVER OF PRELIMINARY
HEARING
Defendant. )

COMES NOW, Derek Johnson, and hereby enters his appearance for the above-named

Defendant. The Defendant waives the formality of the Preliminary Hearing.

/s/ Derek Johnson

Derek Johnson AT0003858
JOHNSON & BONZER, PLC.
809 Central Avenue - Suite 400
Fort Dodge, IA 50501
Telephone: 515-955-2193
derek@johnson-bonzer.com
jessica@johnson-bonzer.com
 E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. OWCR012704

Plaintiff,
vs. TRIAL INFORMATION
KAMDEN KELLY KRAMER,
DOB: 01/07/1983
Defendant.

COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in
the name and by the authority of the State of Iowa, accuses Defendant, Kamden Kelly Kramer
of the crime of OPERATING WHILE INTOXICATED FIRST OFFENSE a Serious Misdemeanor
in violation of Iowa Code Section 321J.2 committed as follows:
The said Defendant, Kamden Kelly Kramer, on or about November 22, 2014 in the
County of Sac and State of Iowa, did unlawfully and willfully operate a motor vehicle by one or
more of the following means:
a. While under the influence of an alcoholic beverage or drugs or a combination of such
substances;
b. While having an alcohol concentration of .08 or more as measured in the person's breath,
blood or urine;
c. While any amount of a controlled substance is present in the person as measured in the
person's blood or urine.

A TRUE INFORMATION

Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
 E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. KAMDEN KELLY KRAMER

Criminal No. OWCR012704
COUNT I: Operating While Intoxicated, First Offense

NAMES OF WITNESSES:

JOEL BURNS, 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 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: Approval of Trial Information

Case Number Case Title

OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

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

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-12-31 13:03:26 page 3 of 3

 E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, Case No: 02811 OWCR012704

vs ORDER APPROVING TRIAL INFORMATION,

SETTING ARRAIGNMENT AND BOND
KAMDEN KELLY KRAMER ,

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment is

scheduled on 01/07/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment

under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:

County Attorney
Defendant/Defense Attorney
 E-FILED 2014 DEC 31 1:02 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case Title

OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

So Ordered

Electronically signed on 2014-12-31 13:03:27 page 2 of 2

 E-FILED 2015 JAN 05 2:03 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

______________________________________________________________________________

STATE OF IOWA, )
No. OWCR012704
Plaintiff, )

vs. )
MOTION TO CONTINUE

KAMDEN KELLY KRAMER, )

Child )
______________________________________________________________________________

COMES NOW, the undersigned attorney and for his Motion to Continue states:

1. The Defendant is scheduled for Arraignment on January 7, 2015, at 9:00 a.m.

2. Due to the Holidays my office was closed December 31, 2014, and reopened on
January 5, 2015. As a result the undersigned just received notice of the Order
setting Arraignment.

3. The Defendant lives in Carroll, IA and due the current inclement weather it will be
difficult for the Defendant to make it to Fort Dodge prior to the arraignment date.

WHEREFORE, the undersigned respectfully request that this matter be continued.

/s/ Derek Johnson

Derek Johnson AT0003858
JOHNSON & BONZER, PLC.
809 Central Avenue – Suite 400
Fort Dodge, IA 50501
Telephone: 515-955-2193
derek@johnson-bonzer.com
jessica@johnson-bonzer.com
E-FILED 2015 JAN 05 2:03 PM SAC - CLERK OF DISTRICT COURT
 E-FILED 2015 JAN 05 2:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, 02811 OWCR012704

Plaintiff,

v.
ORDER RESCHEDULING ARRAIGNMENT
KAMDEN KELLY KRAMER ,

Defendant.

Defendant requests a continuance of the arraignment. The request is granted.

IT IS, THEREFORE, ORDERED that the Arraignment is scheduled on 01/21/2015

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

Clerk to Send Copies to:

County Attorney
Defendant
Defense Counsel

1 of 2
 E-FILED 2015 JAN 05 2:48 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number Case Title
OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K
Type: ORDER FOR CONTINUANCE
So Ordered

Electronically signed on 2015-01-05 14:48:34

2 of 2
 E-FILED 2015 JAN 12 4:09 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ) Case No. OWCR012704

Plaintiff, )
WRITTEN ARRAIGNMENT AND
vs. ) PLEA OF NOT GUILTY

KAMDEN KELLY KRAMER, )

Defendant. )

COMES NOW the above-named Def~ndant in the above-captioned criminal case

and under oath states:

1. I am represented by an attorney. The name and address of my attorney is Derek

Johnson, 809 Central, Suite 400, Fort Dodge, Iowa 50501.

1. My current mailing and residence addresses 1402 Harriet Ave., Carroll, lA 51401 and
my current telephone number is 712-790-3844.

1. I am 32 years old, I can read and understand the English language and have
completed the following level of education: . p.A.

1. I understand that I have a right to arraigpment 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.

1. I have received a copy of the indictment/trial information which charges me with the
crimes of: COUNT 1: OPERATING WHILE INTOXICATED. I have read it, and
I have familiarized myself With its contents.

1. With regard to the name by which I am charged in the indictment/trial information:

(check either "a" or check and complete "b",)
(X) a. 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.

( ) b. The name shown on the indictment/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
1
 E-FILED 2015 JAN 12 4:09 PM SAC - CLERK OF DISTRICT COURT

against me by that name, the indictment/trial information is so

amended I will be precluded from objecting upon the ground I am
improperly named.

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

1. For the purpose of this arraignment, I have had sufficient time to discuss my case with
the above-named attorney, and I waive any further time in which to enter a plea

1. I plead NOT GUILTY to the charges of COUNT I: OPERATING WHILE

INTOXICATED.
2.
3. I have been advised and understand tha(I have~a :right under-Riile2J3(i)(bTo:f the--~~---
Iowa Rules of Criminal Procedure to a trial within ninety days after
indictment/filing of the trial information and: (check either "a" or "b")

( ) a. I demand a speedy trial pursuant to Rule 2.33(2)(b).

( X ) b. I waive my right to a speedy trial pursuant to Rule 2.33(2)(b).

1. I request that a trial date be promptly set pursuant to Rule 2.9(1) of the Iowa Rules of
Criminal Procedure.

K.amden Kramer

STATE OF IOWA
ss
COUNTY OF WEBSTER

Notary Public for the State of Iowa

Original Filed KIM L WlNISELMAN

Notarial Seal - Iowa
Commission # 777416 !J
My Commission Expires 3U';[ lo

2
 E-FILED 2015 JAN 13 10:15 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, Case No: 02811 OWCR012704

vs. RECORD OF ARRAIGNMENT;

ORDER SETTING PRETRIAL CONFERENCE
KAMDEN KELLY KRAMER , AND JURY TRIAL.

Defendant.

The defendant having filed a written arraignment in this matter on January 12, 2015.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 03/03/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
 E-FILED 2015 JAN 13 10:15 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

2 of 3
 E-FILED 2015 JAN 13 10:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number Case Title
OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K
Type: ORDER SETTING TRIAL
So Ordered

Electronically signed on 2015-01-13 10:14:56

3 of 3
 E-FILED 2015 FEB 06 1:34 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
No. OWCR012704
Plaintiff,
v.
REPORT OF PRETRIAL
KAMDEN KELLY KRAMER, CONFERENCE
Defendant.

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and represents the following to the Court:

On February 6, 2015, the parties conducted a Pretrial Conference as

ordered. The State of Iowa appeared by the Sac County Attorney, Ben Smith.
The Defendant appeared by his attorney, Derek Johnson. The parties, through
the undersigned, represent the following to the Court:

A plea agreement has been reached the terms of which are as follows:
Defendant has agreed to plead guilty to Count 1 of the Trial Information (OWI
FIRST OFFENSE) pay the minimum fine and costs, and the State has agreed to
recommend Defendant receive a deferred judgment and dismiss the
“companion” open container complaint filed in STA0022050.

Defendant intends to submit a written guilty plea by February 18, 2015.

Defendant intends to waive presence at sentencing. Defendant intends to waive
time between plea and sentencing.

__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
 E-FILED 2015 FEB 06 3:44 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
02811 OWCR012704
Plaintiff,

vs. ORDER
KAMDEN KELLY KRAMER ,

Defendant.

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Court
or personally appear for further proceedings, a Plea Hearing is scheduled on 02/18/2015 at 9:30 AM
at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

If a sentencing hearing in open court is required the Defendant shall so state in the written plea.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2
 E-FILED 2015 FEB 06 3:44 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Case Number Case Title
OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K
Type: OTHER ORDER
So Ordered

Electronically signed on 2015-02-06 15:44:42

2 of 2
 E-FILED 2015 FEB 18 8:58 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, No. OWCR012704
Plaintiff
GUILTY PLEA
vs. SERIOUS MISDEMEANOR- OWl

KAMDEN KELLY KRAMER,

DOB: 01107/1983
Defendant.

COUNT I

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

I am charged with OPERATING A MOTOR VEHICLE WIDLE INTOXICATED-

1ST OFFENSE, in violation oflowa Code Section 3211.2, 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 ofnot 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, unless a payment plan is approved by the
Court within thirty days of the Judgment date. 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 pro gram.
• 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

1
 E-FILED 2015 FEB 18 8:58 AM SAC - CLERK OF DISTRICT COURT

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 lllinimum 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 OWl or received a deferred judgment or sentence
for OWl in Iowa or any other state; or
• If another person was injured by this OWl offense.
• I understand that there can be no reduction of my fine and the related statutory
surcharge unless:
• The Court fmds 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 ajuryoftwelve 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 tria~ I would be presumed innocent until such time, if ever, the State
established my guilt beyond a reasonable doubt.
(4). At tria~ 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 tria~ 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.

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 E-FILED 2015 FEB 18 8:58 AM SAC - CLERK OF DISTRICT COURT

(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 tria~ 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 detennination 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 to Count I: Operating a
Motor Vehicle While Intoxicated, 1st Offense. The County Attorney will
recommend a Deferred Judgment. I will be placed on probation to the Sac County
Probation Officer for a period of one year from the Judgment date. I will pay a
Civil Penalty, to the State Court Administrator. in the amount of $1,250.00 and
court costs in the amount of $100.00: to be paid as approved in the Sac County
Standard Probation Agreement. If I obtairi. a temporary restricted license the Civil
Penalty will be reduced to $625.00. I will complete a 12-hour Prime for Life
course or similar program within six (6) months of this date. I will follow the
recommendation of the Substance Abuse Evaluation I obtained on December 22,
2014 from New Opportunities. I understand that if my license to drive has not
already been revoked for this offense, the Iowa Department of Transportation will
revoke my driver's license pursuant to Iowa Code Chapter 321J for the statutocy
period. As part of the plea agreement, the County Attorney will recommend
dismissal of the companion citation, STA0022050, with court costs of $60.00
assessed to the defendant.

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 Gail) fee
for any jail time and all surcharges and mandatory punishments (see paragraph B)
applicable to my case.

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.

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 E-FILED 2015 FEB 18 8:58 AM SAC - CLERK OF DISTRICT COURT

This offense was committed by me in Sac County Iowa by my doing the following: !
did on or about November 22, 2014, 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 .142 (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 ftle 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 ftle 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.

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 E-FILED 2015 FEB 18 8:58 AM SAC - CLERK OF DISTRICT COURT

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.

on, Defendant's Attorney

STATE OF IOWA )
) ss
SAC COUNTY )

On this l~ day of h Q bn 10VJ 2015 before me the undersigned, a Notary Public

in and fo:r; said State, personally appeared
bo-ooa eo um mf v ' 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

._
r . .. ... --· -· --""'-· --
-~.::-=-.
JESSICA K. JOiU\!SOL'~

t1
~ , 'f. Commission Number 73641 G
• • Mq;mmissi(ffl Expires
1 OW --~-~-~

5
 E-FILED 2015 FEB 18 10:27 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, OWCR012704

Plaintiff,
RECORD OF PLEA OF GUILTY AND
v. DEFERRED JUDGMENT ORDER

KAMDEN KELLY KRAMER,

Defendant.

CHARGE: Operating While Intoxicated, First Offense, a serious misdemeanor,

in violation of Iowa Code § 321J.2

Defendant has filed a written guilty plea and a waiver of Defendant’s right to be
present for sentencing. Defendant asks that the plea to the above charge be accepted
and that sentence be imposed pursuant to the plea arrangement agreed upon by the
parties without the formality of the record required by Rules 2.8 and 2.10 of the Iowa
Rules of Criminal Procedure.
The Court hereby informs Defendant that Defendant’s plea of guilty to the
above-referenced charge is accepted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant is granted a deferred judgment pursuant to Iowa Code
Sections 901.5 and 907.3.
2. Defendant shall pay all of the following financial obligations:
(a) Pursuant to Iowa Code Sections 321J.2(3)(c)(1) and 907.14,
Defendant shall pay a civil penalty of $1,250.00. However, due to
the fact that no personal or property injury has resulted from
Defendant’s actions, if Defendant presents proof to the Court that
Defendant has obtained a temporary restricted license issued
pursuant to Iowa Code Section 321J.20 after the minimum period
of ineligibility, the Court will consider waiving $625.00 of the civil
penalty;
(b) restitution in an amount to be determined at a later time. The
State shall file a statement of pecuniary damages within 30 days of
today’s date, or no restitution shall be ordered. Upon filing of such
a statement, the amount claimed in the statement shall be
considered to be ordered to be paid unless Defendant objects to
the claimed amount by filing an objection within 10 days of the
filing of the statement. In that event, the Court shall issue an
order establishing the restitution amount, with or without a hearing
as the Court deems appropriate; and

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 E-FILED 2015 FEB 18 10:27 AM SAC - CLERK OF DISTRICT COURT

(c) Defendant shall pay the court costs of these proceedings.

Defendant shall pay all financial obligations owed to the Clerk of Court of
this county or online at www.iowacourts.gov. All such financial
obligations shall be paid pursuant to a payment plan to be developed by
his probation supervisor.

3. Defendant is placed on probation under the following terms and

conditions:

a. Defendant is placed on probation to the Sac County Probation

Officer (“the Probation Supervisor”) for a period of one (1) year
from the date of filing of this Order;

b. Defendant shall follow all terms and conditions imposed by the

Probation Supervisor that the Probation Supervisor deems
appropriate. In addition to any terms and conditions imposed by
the Probation Supervisor, the Court specifically imposes all of the
following additional terms and conditions:

(1) Defendant shall make in-person contact with the Probation

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

(2) Defendant shall obey all laws;

(3) Defendant is prohibited from consuming or possessing

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

(4) Defendant has obtained a substance abuse evaluation.

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

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 E-FILED 2015 FEB 18 10:27 AM SAC - CLERK OF DISTRICT COURT

(5) Defendant shall enroll in and complete the Drinking Driver's

School sponsored by the community college system. On or
before the 60th day following the filing of this Order,
Defendant shall file written proof with the Clerk of Court that
Defendant has completed the Drinking Driver's School; and

(6) Defendant shall comply with all terms of this Order,

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

4. The Court grants this deferred judgment because it provides for the
rehabilitation of Defendant and for the protection of the community. The Court has
considered the recommendation of the parties with respect to disposition. The terms of
this Order are appropriate in light of the relevant facts, including Defendant's criminal
record, or lack thereof, and/or the circumstances of the case.
5. Due to the fact that judgment has been deferred, appeal rights do not
apply.
6. Defendant is advised that, in the event Defendant does not fulfill the
conditions of probation, in addition to potential contempt of court sanctions, the Court
may revoke Defendant’s probation and impose any sentence authorized by law.
7. Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
8. IT IS FURTHER ORDERED that Case No. STA0022050 is dismissed upon
motion of the county attorney and pursuant to plea agreement. Costs are taxed to the
Defendant.

Clerk Shall Furnish Copies To:

County Attorney
Defense Counsel
Probation Supervisor
Iowa Department of Transportation

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 E-FILED 2015 FEB 18 10:27 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

OWCR012704 STATE OF IOWA VS KRAMER, KAMDEN K

So Ordered

Electronically signed on 2015-02-18 10:27:23 page 4 of 4

E-FILED 2015 FEB 20 10:52 AM SAC - CLERK OF DISTRICT COURT