Owcr013010 PDF

E-FILED 2016 JAN 19 8:23 PM SAC - CLERK OF DISTRICT COURT
Item #15-001774
Complaint
S T A T E OF IOWA, COUNTY OF S A C
S T A T E O F IOWA
Before (Judge, Magistrate)_
Vs.
Jacob Duane OTool
Criminal C a s e No.
Defendant
Address:
310 West Main Street
Complaint
Lake City, Iowa 51449

Date of Birth: 04/23/88
Serious Misdemeanor
The defendant is accused of the crime of Operating While Intoxicated (1st Offense) in violation of (Section 321J.2 of the
Code of Iowa) or Ordinance No.
of the City of
, in that the defendant on the 3rd day of October, 2015, at
900 block of North 16th Street, S a c City in S a c County, did

operate a motor vehicle while intoxicated.
(State acts or omissions constituting offense)
Dated
January 19,2016
Stacey Carlson
Complainant
Statutory Reference 804.1 Code of Iowa
Address
Sac City Police Department
S T A T E O F IOWA,
COUNTY OF SAC, ss.
I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other
reliable persons form my belief that Jacob Duane O T o o l the defendant committed the crime charged.
On Saturday, October 03, 2015 at approximately 2015 hours, I was dispatched to the 900 block of North 16th Street in Sac City for a
report of a person injury accident. On the scene, I found a blue 2001 Chrysler Town & Country minivan upside down in the ditch on the
west side of the roadway. Laying approximately 10 feet from the vehicle was OTool. He had multiple lacerations on his entire body. He
stated that nobody else had been in the vehicle. While speaking with OTool there was a strong odor of an intoxicating beverage
coming off his person. Due to his injuries he was transported to Loring Hospital. At Loring, I read him the Iowa Implied Consent
Advisory and when asked to sign his consent or refuse he became unresponsive. A sample of his blood was taken and sent into the
Iowa State DCI Lab for analysis. The results of the test were that OTool's blood alcohol content was .204.
Signature
Subscribed and sworn to before me by the said
the
1^-*"^day of C^o^^^^r^. 2 0 _ L L L .
_, Complainant, on
vT
Magistrate, Clerk or Notary Public in the State of Iowa
SANDRA M HUSTER
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Commission Number 776495

My Commission Expires
January 16, 201 y
E-FILED 2016 JAN 20 8:40 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWA
Plaintiff
Case No. 02811 OWCR013010
vs
Summons or Citation
JACOB DUANE OTOOL
Defendant
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:
OWI 1ST OFFENSE
in violation of Section(s) 321J.2 of the Iowa Criminal Code.
You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on
02/09/2016 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as
contempt of court.
/s/ SHELLEY BASS

CLERK OF DISTRICT COURT
SAC COUNTY IOWA
Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate
before whom the complaint was filed; otherwise it must be signed by the Clerk of Court.
Service: Although personal service is preferable, this notice can be served in the manner of an
original notice (804.1).
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E-FILED 2016 FEB 09 9:35 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA
Plaintiff
02811 OWCR013010
VS
JACOB DUANE OTOOL
ORDER
Defendant
The summons issued here and came back marked as undeliverable. A warrant shall issue for the
defendant's arrest with the bond provisions applicable to this offense from the uniform bond schedule.
1 of 2
E-FILED 2016 FEB 09 9:35 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts

Case Number
OWCR013010
Type:
Case Title
STATE VS JACOB DUANE O'TOOL
OTHER ORDER
So Ordered
Electronically signed on 2016-02-09 09:35:18
2 of 2
E-FILED 2016 MAY 02 8:38 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2016 MAY 02 1:19 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,
Case No: 02811 OWCR013010
vs.
JACOB DUANE OTOOL ,
Defendant.
ORDER ON INITIAL APPEARANCE
Charges:
01 - 321J.2(2)(a) - OPERATING WHILE UNDER THE INFLUENCE 1ST OFFENSE
The court conducted the defendant's initial appearance by telephine.
Upon review of the complaint and accompanying affidavits, the court finds:
That there is probable cause to believe that the defendant has committed the offense(s) listed above.
The nature of the charge(s) is that it is a:
Serious Misdemeanor. This charge ordinarily carries a fine of not less than $315 and not to exceed
$1,875 except in the case of possession of marijuana which carries a maximum fine of $1,000 and
first offense operating while intoxicated which carries a minimum fine of $1,250. In these cases a
defendant can be sentenced to up to one year in the county jail except for possession of marijuana
which carries a maximum sentence of six months in jail. In the cases of conviction for possession
of marijuana or first offense operating while intoxicated there is a minimum 48 hour jail sentence.
Anyone whose blood alcohol content exceeds 0.150 is not eligible for a deferred judgment. Conviction
of this offense will result in loss of your operator's license for a period of and you cannot qualify for a
work permit for days.
In the event that a fine is imposed there will also be a 35% surcharge added plus court costs.
RECITATION OF RIGHTS:
You have the absolute right to remain silent. Anything you say will be used against you.
You are presumed by law to be innocent of the offense(s) charged unless found guilty by proof
beyond a reasonable doubt.
You have the right to be represented by an attorney and one will be appointed for you if you
qualify. You must fill out an application if you want court appointed counsel.
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MANDATORY SUBSTANCE ABUSE EVALUATION:

You are ordered to complete a substance abuse evaluation immediately AT YOUR EXPENSE at:
New Opportunites, Sac City, 712-662-7921
Compass Point, Storm Lake, 712-732-5136
or at a facility of your choosing with a copy to be sent within 30 days to the Sac County Clerk of Court
at 100 NW State St., Ste. 12, Sac City, IA 50583.
YOU ARE NOTIFIED THAT THIS IS MANDATORY AND YOUR FAILURE TO COMPLY WILL
RESULT IN INSSUANCE OF AN ARREST WARRANT AND REVOCATION OF ANY PRETRIAL
RELEASE.
TERMS OF RELEASE:
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 the court as required, you shall be guilty of a D
Felony/Serious Misdemeanor. During your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all the laws of Iowa and the United States.
Upon consideration of the factors in Iowa Code section 811.2, the court is not reasonably assured
that you will appear at all court proceedings in the future and therefore the court imposes the following
conditions on your release:
You shall not consume any alcohol or illegal drugs during the pendency of this matter.
You shall not drive while your license is suspended.
You must obey all laws of Iowa and the United States.
You must post a bond in the amount of $.
DEFENDANT MAY OBTAIN A BOND REVIEW WITHIN 48 HOURS BASED ON A WRITTEN
REQUEST.
PRELIMINARY HEARING
Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney in this county.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
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Preliminary Hearing is scheduled on 05/17/2016 at 10:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa. in the magistrate courtroom.
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.
IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, YOU
MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS FROM
THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.
If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.
Copies to:
County Attorney
Defendant
Sac County Sheriff
3 of 4

Case Number
OWCR013010
Type:
Case Title
HEARING FOR INITIAL APPEARANCE
So Ordered
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STATE OF IOWA,
PLAINTIFF,
VS.
JACOB DUANE OTOOL ,
02811 OWCR013010
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant is not eligible for court-appointed counsel. Application denied.
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Case Number
OWCR013010
Type:
Case Title
ORDER APPOINTING
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
vs.
CRIMINAL CAUSE NO. OWCR013010
TRIAL INFORMATION
JACOB DUANE O'TOOL,

DOB: 04/23/1988,
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, Jacob Duane O'Tool 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, Jacob Duane O'Tool, on or about October 3, 2015 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
THE STATE OF IOWA vs. JACOB DUANE O'TOOL

Criminal No. OWCR013010
COUNT I: Operating While Intoxicated, First Offense
NAMES OF WITNESSES:
STACEY CARLSON, OFFICER, SAC CITY POLICE DEPARTMENT
LESZEK J. MARCZEWSKI M.D., PHYSICIAN, LORING HOSPITAL
JUSTIN GRODNITSKY OR DESIGNATED CRIMINIALIST, CRIMINIALIST, IOWA
DEPARTMENT OF PUBLIC SAFETY, DCI CRIMINALISTICS LABORATORY
STACIE PRALL OR DESIGNATED EVIDENCE TECHNICIAN, EVIDENCE
TECHNICIAN, IOWA DEPARTMENT OF PUBLIC SAFETY, DCI CRIMINALISTICS
LABORATORY

Type:
Approval of Trial Information
Case Number
OWCR013010
Case Title
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
page 3 of 3
Notice Id: D2TIAR
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs

ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND
JACOB DUANE OTOOL ,
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 05/18/2016 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

Type:
ORDER FOR ARRAIGNMENT
Case Number
OWCR013010
Case Title
So Ordered
page 2 of 2

STATE OF IOWA,
Plaintiff,
vs.
JACOB DUANE OTOOL ,

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.
Defendant.
The defendant having filed a written arraignment in this matter on May 18, 2016.
The defendant DEMANDS the right to a speedy trial.
IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 06/15/2016 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 06/21/2016 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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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

Case Number
OWCR013010
Type:
Case Title
ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2016 JUN 16 11:54 AM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
AGCR012996
OWCR013010
OWCR013051
SRCR013055
OWCR013058
AGCR013069
AGCR013063
Plaintiff,
v.
TRISTAN PAUL MACDONALD,

JACOB DUANE OTOOL,
JANI K. SMITH,
SHAUN H. WARNKE,
CHARLENE K. LIPPINCOTT,
DEBBIE LYNCH,
ARMANDO LEMUS,
ORDER SCHEDULING TRIAL
Defendants.
In each of the above cases, the parties inform the Court that the case is ready
for trial and each case may be called for trial. The case called for trial shall
proceed to jury trial at 9:00 a.m. on June 21, 2016, in the courtroom of the
Sac County Courthouse in Sac City, Iowa. If the case is called, the County
Attorney, Defendant and Defendants attorney shall personally appear
for trial in the courtroom by 8:30 a.m. on June 21, 2016.
The cases are hereby set for trial in the following order:
1.
2.
3.
4.
5.
6.
7.
STATE
STATE
STATE
STATE
STATE
STATE
STATE
V.
V.
V.
V.
V.
V.
V.
TRISTAN MACDONALD (DEMAND)

JACOB OTOOL (DEMAND)
JANI SMITH (DEMAND)
SHAUN WARNKE (DEMAND)
CHARLENE LIPPINCOTT (DEMAND)
DEBBIE LYNCH (DEMAND)
ARMANDO LEMUS (WAIVED)
There is more than one case set for trial and only one case will be tried on the
date specified in this order. The first case listed is currently called for trial
and will proceed to trial on the date and time indicated without further
notice. However, the parties in all other cases shall be prepared for the
case to be called for trial at any time between now and the time of
trial. At any time until 2:00 p.m. on the day before trial, any of the cases listed
in this order may be called for trial by being notified by the Court or the County
1
Attorney (at the request of the Court) that the case has been called and that
case shall then proceed to trial on the date and time indicated in this order.
In the event any of the cases listed in this order are not called for trial on the
date indicated in this order, all such cases are hereby deemed to be
automatically reassigned for each subsequent trial date until the case is tried or
otherwise resolved. The Court may issue an order reassigning cases that were
not reached to each subsequent trial date, but, even in the absence of such an
order, the parties shall be expected to be ready for trial on each subsequent trial
date and each such case may be called for trial at any time until 2:00 p.m. on
the day before each subsequent trial date. If either party to each case (i.e., the
State or Defendant) cannot be available for trial on any subsequent trial date,
such party shall notify the Court and the opposing party sufficiently far in
advance of the trial date so that a ruling can be made as to the requested
continuance.
The parties shall submit proposed jury instructions to the court by
9:00 a.m. Monday, June 20, 2016. Stock instructions can be submitted by
reference to the stock number. However, any stock instructions that require
blanks to be completed shall be completed as proposed by that party. Also, with
respect to any stock instruction that has alternative options, the party submitting
the proposed instruction shall inform the Court as to which alternative(s) the
party is requesting to be included in the instruction. A failure to submit
proposed instructions may be deemed a waiver of any objections to the
instructions submitted by the Court at trial.
IT IS SO ORDERED.
Clerk Shall Furnish Copies To:

County Attorney
Defense Attorneys (each case)
Unrepresented Defendants (each case)

Type:
OTHER ORDER
Case Number
OWCR013010
Case Title
So Ordered
page 3 of 3
E-FILED 2016 JUN 16 3:28 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,
Plaintiff,
v.
JACOB DUANE OTOOL,
Defendant.
No. OWCR013010
MOTION FOR CONTINUANCE
COMES NOW, the State of Iowa, through the Sac County Attorney, Ben
Smith, and states the following in support of its Motion for Continuance:
1. That defendant, after executing and filing a pro se waiver, is
representing himself in this matter.
2. That defendant contacted the undersigneds office this week for the
purpose of negotiating a plea offer.
3. That the undersigned has yet to return defendants call but will do so
next week when the undersigned returns to the office.
WHEREFORE, for the reasons stated above, the State respectfully
requests that the Court grant the States Motion and order such other reliefs the
Court deems just and equitable in the premises.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-4791
Attorney@saccounty.org
STATE OF IOWA,
Plaintiff / Petitioner,
vs.
02811 OWCR013010
ORDER OF CONTINUANCE
JACOB DUANE OTOOL ,

Defendant / Respondent.
Upon application of the State and for good cause:

This matter is continued, Jury Trial is scheduled on 07/26/2016 at 9:00 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa.
This matter is continued, Pretrial Conference is scheduled on 07/20/2016 at 9:30 AM at the Sac
Co. Courthouse, 100 NW State St., Sac City, Iowa.
Copies to:
Plaintiff / Plaintiff's Attorney
Defendant / Defendant's Attorney
1 of 2

Case Number
OWCR013010
Type:
Case Title
ORDER FOR CONTINUANCE
So Ordered
2 of 2

STATE OF IOWA,
Plaintiff,
v.
JACOB DUANE OTOOL,
Defendant.
No. OWCR013010
REPORT OF PRETRIAL
CONFERENCE
COMES NOW, the parties, by and through the undersigned, and hereby
state the following:
1.
That the parties conducted a Pretrial Conference as ordered.
2.
That the State of Iowa appeared by the Sac County Attorney, Ben
Smith, and the Defendant appeared pro se.

3.
That the parties have reached a plea agreement: Defendant has agreed
to plead guilty to count and the State has agreed to recommend that Defendant
serve the minimum jail sentence, pay all costs and fees, pay the minimum fine,
and be placed on informal probation through the Sac County Probation Office.
4.
That Defendant intends to waive presence at sentencing and the time
to waive time between plea and sentencing.
STATE OF IOWA
_______________________
BENJAMIN JOHN SMITH
Sac County Attorney
Sac City, IA 50583
Telephone: 712-662-479
Attorney@saccounty.org

STATE OF IOWA,
02811 OWCR013010
Plaintiff,
vs.
ORDER
JACOB DUANE OTOOL ,

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 07/06/2016 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

Case Number
OWCR013010
Type:
Case Title
OTHER ORDER
So Ordered
2 of 2

STATE OF IOWA,
OWCR013010
Plaintiff,
v.
RECORD OF PLEA OF GUILTY AND

SENTENCING ORDER
JACOB DUANE OTOOL,

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 Defendants 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 Defendants plea of guilty to the
above-referenced charge is accepted.
IT IS THE ORDER OF THE COURT AS FOLLOWS:
1.
Defendant is adjudicated guilty of the crime of Operating While
Intoxicated, First Offense, in violation of Iowa Code 321J.2.
2.
Defendant is hereby sentenced as follows:
a.
Defendant shall pay all of the following financial obligations:
(1)
a fine in the sum of $1,250.00;
(2)
a 35% surcharge of $437.50;
(3)
a $10.00 DARE surcharge pursuant to Iowa Code Section
911.2;
(4)
restitution in an amount to be determined at a later time.
The State shall file a statement of pecuniary damages within
30 days of todays 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
(5)
the court costs of this action.
However, since no personal or property injury resulted from

Defendants actions, $625.00 of the fine and $218.75 of the
surcharge shall be waived upon Defendants filing of proof, at the
end of the minimum period of ineligibility, of a temporary restricted
license issued to Defendant pursuant to Iowa Code Section
321J.20.
Defendant shall pay all financial obligations to the Clerk of Court of
this county or online at www.iowacourts.gov. Defendant shall
make payments according to a plan of payment to be developed by
his probation officer.
b.
Defendant shall serve thirty (30) days in the county jail, with all but
two (2) days of the sentence suspended. Defendant shall be given
credit for time previously served.
The County Sheriff shall
designate the appropriate county jail facility. Defendant shall
contact the Sheriff's Office of this county within seven (7) days of
the filing of this Order to determine the appropriate county jail
facility and make the necessary arrangements to complete the
unsuspended portion of the jail sentence by August 30, 2016.
Defendant may participate in a 48-hour Weekend Alcohol Program

and receive credit towards 48 hours of the jail sentence. If
Defendant does not serve the jail sentence by that date, in addition
to Defendant being subject to contempt of court or probation
revocation proceedings, upon written request from the Sheriff, the
Clerk of Court shall issue a warrant for mittimus of the
unsuspended portion of the sentence and such warrant shall issue
without further court order.
In compliance with Iowa Code Section 356.7 (2011),
Defendant shall pay fees as later assessed for the room and board
provided to Defendant while in the custody of the Sheriff as a result
of Defendants criminal conviction in this matter. The actual amount
assessed will be as set forth in the Room & Board Reimbursement
Claim filed with the Clerk by the Sheriff. The amount assessed
shall have the force and effect of a judgment for purposes of
enforcement. Should Defendant dispute the amount assessed,
Defendant has the right to request a hearing on that issue;
c.
As a condition of a portion of Defendants sentence being

suspended, Defendant is placed on informal probation for a period
of one (1) year to the Sac County Probation Office (the Probation
Supervisor) under the terms and conditions the Probation
Supervisor deems appropriate. In addition to any terms the
Probation Supervisor imposes, the Court specifically imposes all of
the following terms of probation:
(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; and
(4)
Defendant shall comply with all terms of this Order,

including paying all financial obligations and completing all
required tasks in a timely manner;
d.
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;
and
e.
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.
3.
The Court grants this sentence because it provides for Defendants
rehabilitation and the protection of the community. The Court has considered the
sentencing recommendation of the parties.
4.
Defendant has a statutory right to appeal by filing written notice of appeal
with the Clerk of Court of this county within 30 days of the date of these proceedings.
If Defendant is unable to pay the costs of appeal, Defendant may apply to the Court for
appointment of counsel and the furnishing of a transcript of the evidence as provided in
Iowa Code Sections 814.9 and 814.11. Filing a notice of appeal within the time and in
the manner specified in Iowa Rule of Appellate Procedure 6.101 is jurisdictional and
failure to comply with these provisions shall preclude Defendants right of appeal.
5.
Appeal Bond is set in the amount of $2,500.00, cash or surety.
6.
Defendant's appearance bond, if any, is exonerated, except as otherwise
provided in this Order.
Clerk Shall Furnish Copies To:
County Attorney
Defendant
County Sheriff
Iowa Department of Transportation
3

Type:
OTHER ORDER
Case Number
OWCR013010
Case Title
So Ordered
page 4 of 4
E-FILED 2016 JUN 30 4:14 PM SAC - CLERK OF DISTRICT COURT

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E-FILED 2016 JAN 19 8:23 PM SAC - CLERK OF DISTRICT COURT

Before (Judge, Magistrate)_

Jacob Duane OTool

310 West Main Street

Lake City, Iowa 51449

, in that the defendant on the 3rd day of October, 2015, at

900 block of North 16th Street, S a c City in S a c County, did

(State acts or omissions constituting offense)

Statutory Reference 804.1 Code of Iowa

Sac City Police Department

Commission Number 776495

E-FILED 2016 JAN 20 8:40 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

Case No. 02811 OWCR013010

/s/ SHELLEY BASS

E-FILED 2016 FEB 09 9:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2016 FEB 09 9:35 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-02-09 09:35:18

E-FILED 2016 MAY 02 8:38 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2016 MAY 02 1:19 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

ORDER ON INITIAL APPEARANCE

E-FILED 2016 MAY 02 1:19 PM SAC - CLERK OF DISTRICT COURT

MANDATORY SUBSTANCE ABUSE EVALUATION:

E-FILED 2016 MAY 02 1:19 PM SAC - CLERK OF DISTRICT COURT

Preliminary Hearing is scheduled on 05/17/2016 at 10:00 AM at the Sac Co. Courthouse,

E-FILED 2016 MAY 02 1:19 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-05-02 13:19:21

E-FILED 2016 MAY 03 10:23 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

E-FILED 2016 MAY 03 10:23 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Electronically signed on 2016-05-03 10:23:36

E-FILED 2016 MAY 06 9:00 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

CRIMINAL CAUSE NO. OWCR013010

JACOB DUANE O'TOOL,

E-FILED 2016 MAY 06 9:00 AM SAC - CLERK OF DISTRICT COURT

THE STATE OF IOWA vs. JACOB DUANE O'TOOL

E-FILED 2016 MAY 06 9:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Approval of Trial Information

Electronically signed on 2016-05-06 09:01:10

E-FILED 2016 MAY 06 9:00 AM SAC - CLERK OF DISTRICT COURT

Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 OWCR013010

JACOB DUANE OTOOL ,

Clerk to provide notice or copies to:

E-FILED 2016 MAY 06 9:00 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

ORDER FOR ARRAIGNMENT

Electronically signed on 2016-05-06 09:01:11

E-FILED 2016 MAY 18 10:15 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

Case No: 02811 OWCR013010

E-FILED 2016 MAY 18 10:15 AM SAC - CLERK OF DISTRICT COURT

Clerk to provide copies to:

E-FILED 2016 MAY 18 10:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts