OWCR012663 - Sac City man pleads guilty to OWI 2nd Offense.pdf

8/9/2019 OWCR012663 - Sac City man pleads guilty to OWI 2nd Offense.pdf

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E-FILED 2014 OCT 05 2:52 AM SAC - CLERK OF DISTRICT COURT


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DISTRICT CGu - i „r iOWA•SAC COUNTY

IN THE IOWA DISTRICT COURT FOR SAC COUNTY ?ILZ0

M A G I S T R AT E D IV IS IO N 20|iinCT-6 AH 8.-27

S TAT E OF I O WA , :

Plaintiff M A G I S T R AT E N O .

vs .

I N I T I A L A P P E A R A N C EO W I

Defendant

O n this day of the Defendant herein appears before theundersigned IVJagistrate in and for Sac County, having been charged with the crime of Operating WhileIntoxicated - ^ V \ y ̂ offense, being a violation of Section l « J* . ^ of the Code oflowa.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can and

would be used against him/her in a Court of law. That he/she has the right to have an attorneypresent at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, uponproper application, one would be appointed for them.

2. That he/she ,is charged with a violation of Section \ cX which is classified as:Felony - Class [ )Aggravated MisdemeanorSerious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:a) ^ Om^Year County Jail - M in imum days

c ± And/Or a fine of not less than $ 3j S or more than $ ̂ 3 1 ^ 3^ X f f id) ^ You will lose your license for a minimum of _ J Q _ days and cannot obtain

a work permit for j f i -days, ̂ j j ^ j ^ j ^ ^f-fyuj* ^

4. That to obtain the services of an attorney at the expense of the State of Iowa, application forCourt-appointed counsel must be completed, reviewed by the Sac County Attorney and filed withthis Court.

45. a) ry You will be released f rom custody prior to trial on your own promise to appear at all

further court proceedings. If you w illfully fail to appear before any court as required, you shall beguilty of.a Class D felony/serious misdemeanor; orb) ^ If appropriate) Upon consideration of the factors in Section 811.2, the Court is not

reasonably assured that you wi l l appear at all court proceedings in the future and therefore theCourt imposes the following conditions on your release:

1) You must not use alcohol or drugs during the pendency of this matter.2) You must not drive while your license is under suspension.

3) You must obey the laws of the State of Iowa and the United States.4) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities Sac Ci tv - 712) 662-7921) or Compass Pointe Storm Lake - 712) 732-5136) or a facility of your choosing AT Y O U R E X P E N S E with a copy to be sent within30 days to the Sac County Clerk of Court at P.O. Box 368. Sac Ci tv. IA 50583. YOUA R E N O T I F I E D T H AT T H I S IS M A N D AT O R Y. AND Y O U R FA I L U R E TOC O M P L Y W I L L R E S U LT IN I S S U A N C E OF AN A R R E S T W A R R A N T ANDR E V O C AT I O N OF Y O U R P R E T R I A L R E L E A S E .


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V

6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determinewhether 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 Tr ia l Informationmay 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:

- jy Set for the day of C S C - A ^ J l j O , 2 0 Jj at A . M . in the

j Magistrate Courtroom, Courthouse, Sac Ci ty, Sac County, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at 712) 662-4791

before attending this hearing to determine whether or not it will be held.8. IF Y O U H AV E N O T B E E N F IN G E R P R I N T E D A N D P H O T O G R A P H E D F O R T H I S

O F F E N S E , Y O U M U S T R E P O R T TO T H E S A C C O U N T Y S H E R I F F S D E PA RT M E N T W I T H IN 10 D AY SF R O M T H I S D AT E TO DO SO. IF D E F E N D A N T HAS NOT P R E S E N T E D T H E M S E LV E S W IT H I N 10D AY S F R O M T H I S D AT E , THE SAC C O U N T Y S H E R I F F S D E PA R T M E N T IS O R D E R E D AT HISC O N V E N I E N C E TO P I C K U P D E F E N D A N T TO B E PH O T O G R A P H E D A N D F I N G E R P R I N T E D .f you require the assistance of auxil iary aids or services to participate in court because of a disability,immediately call your district A D A coordinator at 641) 421-0990. If yo/u are hearing impaired, call Relay IowaT T Y at 1-800-735-2942.)

Judicial Magistrate

Copies to:

County AttorneyDefendantSac County Sheriff


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IN T H E I O WA DISTRICT C O U RT FOR

DISTRICT CUutfi mipSA C COUNTY

FILED

Sac COUNiTiY,^ O C T - 9 AH 10:

STATE O F IOWA or

Plaintiff/Petitioner,

vs.

Defendant/Respondent.

Criminal Civil

No.

F I N A N C I A L A F F I DAV I T / A P P L I C AT I O NF O R A P P O I N T M E N T O F C O U N S E L

In support of my application for appointment of counsel, and under penalty of perjury, the undersigned states:

Name: OofM/? R / / f f / ? f f fr Birth Date: / / / f f / ^ ?

Home Phone: Cell Phone: T l Z 7 9 0 ? E-mail:

Street Address: I ? I 2 L o s t / y c . 5>_ StC CT' j~y Ar 5~0 T7 ?

Street/P.O. Box Apt # City / State Zip

Pending charges: O T - ^ / J - In Jail? • Yes IgJJe

Do you have ajob? • N o Job • Yes, Full Time fS^YesTpart Time (List Hours/week: »^ 2— )

Who do you work for? LWc. fCt.vj H Ol Pt &7

How much money do yo u currently make before taxes or deductions? ^ 72-^per • hour • month Q^year^

How much money have you made in the last 12 months from any source, before taxes or deductions? I f , ^ f j O

How many family members are supported by or live with you? 0

If a spouse lives with you, how m uch money does your spouse make? per • hour • month • year

List all other money you, or anyone else living in your household, has coming in: //L^ty I f d

List what you own including m oney in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anythingelse worth more than $100: /ZftQ 7 ClltLriSy' f-f f f ]c

List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:

R c « t 7 f o

0 f tv o =

I understand I may be required to repay the State for all or part of my attorney fees and costs, I may berequired to sign a wage assignment, and I must report any changes in the information submitted on thisfinancial affidavit. I promise under penalty of perjury that the statements^make in this application are trueand that I am unable to pay for an attorney to represent me.

Date Signature

Rev. 1/6/12


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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF, VS. DENNIS RAY HANSEN ,

DEFENDANT.

02811 OWCR012663

ORDER RE:APPLICATION FOR APPOINTMENT

OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship.

Attorney Charles Schulte, a contract attorney, is appointed.

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E-FILED 2014 OCT 10 12:54 PM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSENType: ORDER APPOINTING

So Ordered

Electronically signed on 2014-10-10 12:54:22

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E-FILED 2014 OCT 10 12:54 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, CRIMINAL CAUSE NO. OWCR012663 Plaintiff, vs. TRIAL INFORMATION

DENNIS RAY HANSEN,DOB: 11/13/1949 Defendant.

COUNT I

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa andin the name and by the authority of the State of Iowa, accuses Defendant, Dennis Ray Hansenof the crime of OPERATING WHILE INTOXICATED, THIRD OR SUBSEQUENT OFFENSE , aClass D Felony in violation of Iowa Code Section 321J.2 committed as follows:

The said Defendant, Dennis Ray Hansen, on or about October 4, 2014 in the Countyof 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 suchsubstances; 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 theperson's blood or urine.

And Defendant having been convicted of/received a deferred judgment for such an offense two

or more times before; the said Dennis Ray Hansen having been convicted of the crime of

Operating While Intoxicated in Calhoun County Iowa, Calhoun County District Court, Cause No.

OWCR504023 on September 8, 2009; and the said Dennis Ray Hansen having been convicted

of the crime of Operating While Intoxicated in Sac County Iowa, in Sac County District Court,

Cause No. OWCR012090 on September 6, 2012.

A TRUE INFORMATION

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]


mailto:[email protected]:[email protected]


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THE STATE OF IOWA vs. DENNIS RAY HANSENCriminal No. OWCR012663COUNT I: Operating While Intoxicated, Third or Subsequent Offense

NAMES OF WITNESSES:

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

JAMES A. BLESKACEK, MICHAEL M. TATE, OR DESIGNATED CRIMINALIST,CRIMINALIST, IOWA DEPARTMENT OF PUBLIC SAFETY, CRIMINALINVESTIGATION DIVISION, CRIMIINALISTICS LABORATORY

DONNA GEERY, CLERK OF COURT, CALHOUN COUNTY IOWA DISTRICT COURT AND CLERK OF COURT, SAC COUNTY IOWA DISTRICT COURT



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State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSEN

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

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-10-30 10:54:38 page 3 of 3



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs DENNIS RAY HANSEN ,

Defendant.

Case No: 02811 OWCR012663

ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction 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 isscheduled on 11/05/2014 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 suchhearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignmentunder 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 showcause or the issuance of a warrant for arrest.

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

Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney



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Type: ORDER FOR ARRAIGNMENT


So Ordered




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IN THE IOWA DISIIJCT COT]RT FOR SAC COUNTY

STATE OT' OWA. CRIMINAI,NO. OWCRO 2663

WRITTEN RRAIGNMENT,

PLEAOF NOT GIJILTY

Vs.

DENNIS AY IANSEN.

Def'endantDatc l rial Information iled: 10/30/2014

COMIIS NOW the Defendant n the above-captioned riminal case and under oath states:

l. I am represented y Attornel' Charles A. Schulte. whose address nd phone numbcr are421 Main St . , PO Box 392. Sac City ' . A. 50583;(712) 62-4715.

2. My current mailing and esidencc ddress nd phone numbcr are 13 2 Losure St., Sac

City. A 50583. My phone umber s : 7 12-661-9909 y date f bi r th s 1 1-1 -1949I

can ead and ur.rderstand hc English anguage nd havc completed he fbliou'ing evcl ofeducatiolt: 2 Years.

4. I have been advised y my attorney nd understand hat havc a right o amaignmentin open Clourl. nd voluntarily waive hat ight, choosing nstead o sign his WrittenArraignr.ncnt nd Plea of Not Guilt.v. understand hat imes br lurther proceedingsu,hich are con-tputed rom the date of arraignmcnt will be computed rom the date offiling this Written Arraignment nd Plca of Not Guilty.

5. I have eceived copy of the Trial Infbrmation vhich chargesme with the crime of

COUNT I: OPERATING WHII,E INTOXICATED ' THIRD OFFENSE' iNviolation of lowa Code Section 321,f.2.

6. With regard o thc name by which I am charged n the Trial Information either heck a or check ar.rd ompletc b ):

./ftl{a. tne l)ame on the Trial Information s my true name. I have been advised

and understantl hat am now precludcd rom objecling o the Trial Infbrmation pon heground hat am mproperly named.

( )b. The name shorvn n the Trial Information s not my true name.My true

name s. I request hat an cntry be made n the minutes hou'ing m1'true name l havebeen dvised nd understand urther proceedings vill be had against me by that name.the l'rial Information 'ill be amended ccordingll, and .vhen hc Trial lnforn,atior.rs soamended. rvill be precluded rom objecting pon he grounds am mproperly named'

7. I have been advised nd understand hat may plead guilty' not gr rilty r formerconviction r acquittal.

E-FILED 2014 NOV 06 9:09 AM SAC - CLERK OF DISTRICT COURT


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8. For he purpose f this anaignment. have had sulficient ime to discuss my case 'ithmy attorne)'. and I *'aivc any further time in rvhich o enter a plca.

9. I plead NOT (;UILTY to the charges n paragraph abovc.

10. I have bccn advised ndundersland hat I havc a right under Rule 2.33(2)(b) fthe

Iott u Rules / Criminul Procedure o a trial within ninely days/onc car after he iling ofthe Trial Infbrr.rration nd (check either a or b ):

(L/{

I demand peedy rialpursuant o Rule 2.33(2)(b) nd c) .

( ) b. I n'aive ml right to a spcedy rial pursuant o Rulc 2.33(2) b) and c) .

I l. I request hat a trial datc bc set pursuant o Rule l.l of the 1on'rl Rules ol'(.'riminalProcedure. My attorney nd will be available or trial on the ollowing days: An yTimc.

fendlnt ttorne) or

Original to be filed with Clerk of CourtCopy provided to:Countl' Attorncl'



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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

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State of Iowa CourtsCase Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSENType: ORDER SETTING TRIAL

So Ordered


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STATE OF IOWA,

Plaintiff,

v.

DENNIS RAY HANSEN,

Defendant.

Case No. OWCR012 663

REPORT OF PRETRIALCONFERENCE

COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,

and represents the following to the Court:

On December 17, 2014, 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, Chuck Schulte. The parties, throughthe 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

amended from OWI 3 rd to OWI 2 nd , pay all applicable costs and the minimum

fine, serve 364 days in the Sac County Jail with all but 30 days suspended, and

be placed on informal probation through the Sac County Probation Office.

Additionally, Defendant intends to submit a written guilty plea by January7, 2014. Defendant intends to waive presence at sentencing and the time

between plea and sentencing.

__________________________Benjamin John Smith

Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Email: [email protected]

E-FILED 2014 DEC 19 11:50 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

vs. DENNIS RAY HANSEN ,

Defendant.

02811 OWCR012663

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty inthis cause. IT IS, THEREFORE ORDERED that the Defendant shall submit a Written Plea of Guilty to the Courtor personally appear for further proceedings, a Plea Hearing is scheduled on 01/07/2015 at 9:30 AMat 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 arrestbeing issued.

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IN THE IOWA DISTRICT COURT FOR SAC COTINTY

NO. OWCR0L2663HE STATE OF OWA.

Plaintiff,

DENNIS RAY HANSEN

) wArvER oF RIGHT TO

)) SPEEDY RIAL))efendant.

Comes now the defendant, Dennis Ray Hansen, nd states s ollows:

1 He rcahzes hat he has a right by virtue of the Constitution of the United States o aspeedy nal;

2.He realizes e has a right to a speedy rial by virtue of Iowa Rule of CriminalProcedure .33(2Xb) which states:

If a defendant ndicted or a public offense has not waived his or herright to a speedy rial, he or she must be brought o trial within ninetydays after ndictment s found or the court must order he indictmentto be dismissed nless good cause o the contrary be shown.

He is also aware of the fact that this rule s applicable o a County Attorney's nformationand hat the ninety day period runs from the filing date hereof.

3. He further ealizes hat he has a right to a speedy rial under owa Rule of CriminalProcedure .33(2Xb) which states:

All criminal cases must be brought o trial within one year after he defendat'sinitial arraignment ursuant o rule 2.8 unless an extension s granted by the court, upon ashowing of good cause.

3. He has been ully advised of his rights o a speedy rial and he ramifications hereof byhis attortr€y, ncluding he fact that he memory of witnesses ade with the passage ftime; that witnesses may disappear r become navailable; hat delay may impair the

effectiveness f his defense; hat he community may view him with suspicion uring hependency f the action hereby affecting his occupational nd social endeavors; hat hewill have o endure prolonged anxiety and concern and hat he s or can be subjected oincarceration ending rial, and aking nto account all of these actors and considerations,he deems t to be n his best nterest o waive his speedy rial rights at this time and hedoes herefore ereby waive the same both as o IRCP 2.33(a) and RCP 2.33(b) and doesconsent hat he trial may be postponed ntil such dates as t may be scheduled or trial bythe court. The defendant eserves he right to subsequently withdraw this waiver uponwritten notice hereof o the court and he State of Iowa.

E-FILED 2014 DEC 23 2:20 PM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA, No. OWCR012663

Plaintiff,REQUEST FOR LEAVE OF

vs. COURT TO AMEND TRIALINFORMATION

DENNIS RAY HANSEN , Defendant.

COMES NOW the State of Iowa and for its request for leave of Court to amend the TrialInformation in the above entitled matter states to the Court:

1. The amendment will not materially change the issues nor work any hardship on theDefendant.

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: Count I: OPERATING WHILE INTOXICATED-SECOND OFFENSE , anAggravated Misdemeanor in violation of Iowa Code Section 321J.2.

5. A copy of the amended Trial Information is submitted to the court.

WHEREFORE, the State of Iowa requests leave of Court to file the proposed substitutedand Amended Trial Information.

Prosecuting AttorneySac County Attorney, Benjamin John SmithSac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Fax: 712-662-4123Email: [email protected]

Copy to: Attorney Charles SchultePROOF OF SERVICE

The undersigned certifies that the foregoing instrument was served upon all parties to the above causeto each of the attorneys of record herein at their respectiveaddresses disclosed on the pleadings on December 24, 2014

by: [ ] U.S. Mail [ ] Fax[ ] Hand Delivered [x] Email[ ] Certified Mail [x] EDMS

Signature: /s/Norma Hecht


mailto:[email protected]:[email protected]


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THE STATE OF IOWA )) OWCR012663

VS. )

) MOTION TO CONTINUEDENNIS RAY HANSEN ))))

________________________________________________

COMES NOW Charles A. Schulte, attorney for the defendant and states:

1. The Court has ordered the defendant to submit a written plea by January 7, 2015.

2. The Defendant recently contacted the undersigned and informed him that hismother had suffered serious health issues and was hospitalized in Texas.

3. The Defendant has gone to Texas to be with her until his sister can arrive.

4. The Defendant was unsure when he could return, but assured no later than the lastweek of January.

5. The defendant has waived his speedy trial rights.

WHEREFORE, Defendant requests the Court to continue the plea date in this matter to adate in early February..

Respectfully submitted,

/S/ Charles A. Schulte AT0007137Schulte Law Firm L C421 Main St., PO Box 392, Sac City, IA 50583Phone (712) 662-4715



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STATE OF IOWA,

Plaintiff,

vs.

DENNIS RAY HANSEN,

Defendant.

Case No. OWCR0 !""#

ORDER

NOW, on t$is #0 t$ da% of De&e'(e), !0 *, t$e Co+)t is in )e&ei t of t$e State-s

Re +est fo) /eave of Co+)t to A'end T)ial Info)'ation. T$e Re +est s$o+ld (e)anted.

IT IS THEREFORE ORDERED t$at t$e State-s Re +est is )anted. T$e T)ial

Info)'ation is a'ended to )ovide t$at Defendant is no1 &$a) ed 1it$ O e)atin W$ile

Into2i&ated, Se&ond Offense, an A )avated 3isde'eano), in violation of Io1a Code

Se&tion #! 4.!.

Cle)5 to f+)nis$ &o ies to6Co+nt% Atto)ne%Defense Co+nsel



27/52


Type: OTHER ORDER


So Ordered




28/52


STATE OF IOWA,

Plaintiff,


Defendant.

02811 OWCR012663

ORDER



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State of Iowa CourtsCase Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSENType: OTHER ORDER

So Ordered


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Date: 1/27/2015 IN THE IOWA DISTRICT COURT FOR WEBSTER COUNTY

State of IowaPlaintiff

No. OWCR012663vs.

DENNIS RAY HANSEN

Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographicequipment(__X__), television cameras (__X__) or electronic sound recording equipment(__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial andsentencing.

3. The request(s) for expanded media coverage are described as follows:Two video cameras, tripods, videographers; audio accessibility; twophotographers with up to two still cameras and two lenses each, twotripods.

WHEREFORE, the undersigned media coordinator gives notice of request(s) forexpanded media coverage as aforesaid.

Signature__/S/ Jesse Helling_______________________Date___1/27/2015_____________________ Jesse HellingMedia Coordinator, Region 4

Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613Fax: (515)574-4529

E-FILED 2015 JAN 28 12:08 AM SAC - CLERK OF DISTRICT COURT


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So Ordered


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E-FILED 2015 JAN 28 10:58 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff / Petitioner, vs. DENNIS RAY HANSEN ,

Defendant / Respondent.

02811 OWCR012663

ORDER OF CONTINUANCE

Upon application of the Defendant and with the agreement of the State of Iowa:

This matter is continued, Hearing is scheduled on 02/18/2015 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

Copies to:Plaintiff / Plaintiff's AttorneyDefendant / Defendant's Attorney

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E-FILED 2015 FEB 04 11:56 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSENType: ORDER FOR CONTINUANCE

So Ordered


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THE STATE OF IOWA )) OWCR012663

VS. )

) MOTION TO CONTINUEDENNIS RAY HANSEN ))))

________________________________________________

COMES NOW Charles A. Schulte, attorney for the defendant and states:

1. Plea submission has been scheduled for February 18, 2015 at9:30 A.M.

2. The Defendant, along with his sister, have been in McAllenTexas taking care of their ailing mother who until Saturday

past was improving.

3. The Defendant reports that his mother suffered a fall from adizzy spell on Saturday and sustained injuries.

4. The Defendant reports his sister had to return to her home inanother state and the defendant now plans on staying in Texasto care for his mother until his sister returns the first week ofMarch.

5. The Defendant reports himself to be having health problemsand being in the care of a cardiologist in McAllen. He reportshe is scheduled next week for further testing and possiblehospitalization for observation.

6. The Defendant has waived speedy trial.

WHEREFORE, Defendant requests the Court to continue the plea date in this matter to alater date convenient to the Court after March 1 st.

Respectfully submitted,

/S/ Charles A. Schulte AT0007137Schulte Law Firm L C421 Main St., PO Box 392, Sac City, IA 50583

E-FILED 2015 FEB 17 4:15 PM SAC - CLERK OF DISTRICT COURT


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Phone (712) 662-4715

E-FILED 2015 FEB 17 4:15 PM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,


Defendant.

02811 OWCR012663

ORDER



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38/52


So Ordered


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39/52

2RCR18


STATE OF IOWA,

PLAINTIFF,

VS. DENNIS RAY HANSEN ,

DEFENDANT.

Case No. 02811 OWCR012663

O R D E R

The Defendant failed to appear for the guilty plea hearing scheduled for March 4,

2015. A warrant should now issue for the Defendant's arrest to secure appearance for

those proceedings.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. The clerk of court shall issue a statewide warrant for the Defendant's arrest.

Bond on that warrant shall be $1,000.00 cash only.

2. When the Defendant has been arrested and is available for the guilty plea

proceedings, the State shall so notify the Court. The guilty plea hearing will then be

rescheduled.

CLERK TO FURNISH COPIES TO:

BENJAMIN JOHN SMITH

CHARLES A SCHULTE

SAC COUNTY SHERIFF1 of 2

E-FILED 2015 MAR 18 9:36 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleOWCR012663 STATE VS DENNIS RAY HANSENType: ORDER TO ISSUE PUBLIC/BENCH WARRANT

So Ordered


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTYSTATE OF IOWA,

Plaintift

VS.

DENNIS RAY HANSEN,DOB: lll3ll949,

Defendant.

No. OWCR0L2663

GUILTY PLEA _

AGGRAVATED MISDEMEANOR-Count - OWI 2nd Offense

COUNT I

CO}vIESNOW Defendant n the above action and states hat I have been charged wititOPERATING A MOTOR VEHICLE WHILE INTOXICATED - THIRD OR SUBSEQUENTOFFENSE, Class D Felony n violation of Iowa Code Section32lJ.2. n conjunction ith aPlea Agreement made with the Sac County Attorney whereby he will amend Count to a chargeof OPERATING WHILE INTOXICATED- SECOND OFFENSE, an Aggravated Misdemeanor,in violation f lowa Code Section32lJ.2. now request hat my plea of not guiltybe changed oa Plea of Guilty o the amended harge f OPERATING WHILE INTOXICATED SECONDOFFENSE, an Aggravated isdemeanor, n violation f Iowa Code Section32lJ.2.

I hereby equest hat my plea of guilty o the amended harge e entered f record.

In support of my guilty plea, state hat I fully understand nd have been advised y myattorney f the ollowing ights:

That have he right to proceed ith a plea of not guiltyand compel he State f Iowato provemy guilt o the unanimous atisfaction f a twelve-person ury in a speedy nd public rial;

That have he right to remain silent and could not be forced o testify or incriminate myself nany manner; nd hat if I exercised my right to remain silent; his could not be used against meand he State would be prohibited rom commenting n my silence;

That I ha..'e he right to be represented ;, an attornel, hroughout he entire rial, and if I arnunable o afford an attorney, he Court would appoint one o represent me at public expense;

That I have he right to cross-examine ll witnesses gainst me and o present evidence, f any,on my own behalf;

That am presumed nnocent until the State proves, f ever, hat am guilty beyond a reasonabledoubt; and

That have he right to subpoena itnesses o appear nd estify on my behalf.

I have also been advised hat the above-stated ffense s an Aggravated Misdemeanor whichcarries maximum penalty of imprisonment ot to exceed wo (2) years or a $6,250 ine withsurcharges f 35o/o nd $10.00 DARE thereon or both; I understand here is a seven 7) dayminimum ail sentence; further understand hat the minimum fine is $1,875 plus surcharges f

E-FILED 2015 MAR 20 2:38 PM SAC - CLERK OF DISTRICT COURT


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35o/o nd $10.00; and that I may be required o make restitution of pecuniary damages o anyvictim of this crime and of court-appointed ttorney ees, f any, and pay the court costs. I maybe required o attend substance buse reatment or education lasses. n addition, may berequired o pay correctional ees or incarceration nd enrollment ees or supervised robation.I have been nformed hat there may be effects o my license ncluding suspension, evocations

and barments ecause f this plea. I have ikewise been nformed hat other sentencingptions

may be available o the Court, including but not limited to the deferra l of Judgment andSentence, he grant ofprobation and he suspension f sentence mposed.

I now state o the Court that I am, in fact GUILTY and that no threats or promises have beenmade o induce me to enter my plea of guilty. I have been nformed hat the elements f thecrime are: that I operated a motor vehicle l) while under the influence of an alcoholicbeverage r other drug or a combination f such substances; r (2) while having an alcoholconcentration f .08 or more; or (3) while any amount of a controlled substance s presentin my person s measured n my blood orurine. And that I have a priorconviction of thecrime, Operating While Intoxicated. I understand he nature of the charge gainst me.

This offense was committed by me n Sac County owa by my doing he following: I did onor about October 4. 2014 unlawfullv operate a motor vehicle while under the influenceof alcohol and was intoxicated at the time when I was drivins and did have a bloodalcohol concentration of .121(BAC). and I was convicted of Operatine WhileIntoxicated n Sac County lowa in Sac County District Court. case #OWCR012090 nSeptember . 2012.

There s a factualbasis or my plea of guiltyand here s no reason hy I should ot plead uilty.

I hereby tate hat submit his written plea of guilty with full knowledge nd waiverofmy rights and do so fieely and voluntarily. No threats ave been made against me to obtain hisguilty plea. No promises f leniency r favorable reatment ave been made, except or any pleaagreement isclosed o the Court at he ime his Guilty Plea s offered or approval n Court.

I have been advised f my rights as set orth n Count of this plea.

The plea agreement s: I will plead guilty to the amended harge f Operating WhileIntoxicated Second Offense. The recommended entence will be 364 days in the SacCountv ail. with all but seven (7Xayl*suspended. ith credit ortime served. will servethe seven (7 days n the Sac County Jail within six (,6)months of the Judgment ntrydate.I understand hat I will be allowed o serve he ail sentence n 48 hour increments. lso. Iwill be eligible or the Sac Count)' Jail Work Release rogram under he rules and guidelinesset by the Sac Countlr Sheriff. I will be placed on Probation o the Sac County ProbationOfficer o r a period of one ,ear rom he Judgment ntrydate. I will pay a fine of $1.875.00.plus a 35% surcharge n the amount f $656.25. $10.00 DARE surcharge. ourt costs. ndcourt appointed ttorney ees: o be paid as set out n the Sac County Probation Agreement.will be Ordered o follow and complete he recommendations f the Substance buseEvaluation. hich I obtained n October 0. 2014 rom New Opportunities. will completethe 12 hour Driving Course. I understand hat if my license o drive has not already beenrevoked. or this offense. he lowa Department f Transportation ill revoke my driver'slicense ursuant o Iowa Code Chapter 2lJ for the statutory eriod.



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In admitting guilt, I understand hat any plea-bargain greements ith the prosecutor re notbindingon the Court.

I have been advised hat I have the right to have a future date set for pronouncingjudgment and sentence, which cannot be less han fifteen (15) days after the guilty plea isentered, nless consent o

a shorter ime. I understand hat any challenge o the guilty plea oralleged efects n the plea proceedings ust be raised y a Motion in Arrest of Judgment iled nolater han orty-five (45) days after he date my pleas s accepted ut not less han five (5) daysbefore he date set for pronouncing udgment, and that failure to raise such challenge shallpreclude he right to assert hem n this Court or on appeal o another Court. I understand hat byproceeding irectly to sentencing waive any right I may have o file a Motion in Arrest OfJudgment. This means will be forever precluded rom challenging he guilty plea or anydefects n the plea proceedings.

Based n the foregoing, hereby waive all my legal and rial rights. I request hat myguiltyplea be accepted nd entered n record.

I request entencing nd udgment be

STATEOF OWA

SACCOUNTY

On this,LCt day of 201; before my the undersigned, Notary Public n and orsaid State, ersonally ppearedto me known o be he denticalperson-named f and *ho

"*dcutforegoing nstrument, nd acknowledgcd

he executed hc same fhis voluntary ctand dceci.

Notary Public n and or

s'sl.q" CHARLES"SCHULTEf Gl ? @mmission umber 24274'' ttlyCommisslon xpi

December ,20_L

pronounged ow.

t, Dennis Ray

forney, Char



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STATE OF IOWA,

Plaintiff,


Defendant.

Case No: 02811 OWCR012663

ORDER CANCELING WARRANT

Upon application of the Court.

IT IS ORDERED that the order for warrant of arrest issued by this Court on March 18, 2015, andthe resulting warrant issued by the Clerk are canceled and shall be returned to the Clerk of Court.

Any costs are assessed against the defendant.

Clerk to provide copies to:County AttorneyCounsel for the defendant/DefendantSAC County Sheriff (Dispatch)

1 of 2



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So Ordered


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STATE OF IOWA,

Plaintiff,

v.

DENNIS RAY HANSEN,

Defendant.

OWCR12663

RECORD OF PLEA OF GUILTY ANDSENTENCING ORDER

CHARGE: O e!atin" W#ile Int$%i&ated, Se&$nd Offen'e, an a""!avated(i'de(ean$!, a' a(ended, in vi$lati$n $f I$)a C$de * 321+.2

Defendant #a' filed a )!itten " ilt- lea and a )aive! $f Defendant ' !i"#t t$ /e!e'ent f$! 'enten&in". Defendant a'0' t#at t#e lea t$ t#e a/$ve a!"e /e a&&e ted

and t#at 'enten&e /e i( $'ed !' ant t$ t#e lea a!!an"e(ent a"!eed $n /- t#ea!tie' )it#$ t t#e f$!(alit- $f t#e !e&$!d !e i!ed /- R le' 2. and 2.1 $f t#e I$)a

R le' $f C!i(inal P!$&ed !e.T#e C$ !t #e!e/- inf$!(' Defendant t#at Defendant ' lea $f " ilt- t$ t#e

a/$ve4!efe!en&ed a!"e i' a&&e ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS: 1. Defendant i' ad5 di&ated " ilt- $f t#e &!i(e $f O e!atin" W#ile

Int$%i&ated, Se&$nd Offen'e, in vi$lati$n $f I$)a C$de * 321+.2.2. Defendant i' #e!e/- 'enten&ed a' f$ll$)'

a. Defendant '#all a- all $f t#e f$ll$)in" finan&ial $/li"ati$n'718 a fine in t#e ' ( $f 91, :;. <728 a 3;= ' !a!"e $f 96;6.2;<738 a 91 . DARE ' !a!"e !' ant t$ I$)a C$de Se&ti$n

>11.2<7?8 !e'tit ti$n in an a($ nt t$ /e dete!(ined at a late! ti(e.

T#e State '#all file a 'tate(ent $f e& nia!- da(a"e' )it#in3 da-' $f t$da- ' date, $! n$ !e'tit ti$n '#all /e $!de!ed.@ $n filin" $f ' a 'tate(ent, t#e a($ nt &lai(ed in t#e'tate(ent '#all /e &$n'ide!ed t$ /e $!de!ed t$ /e aid

nle'' Defendant $/5e&t' t$ t#e &lai(ed a($ nt /- filin" an$/5e&ti$n )it#in 1 da-' $f t#e filin" $f t#e 'tate(ent. Int#at event, t#e C$ !t '#all i'' e an $!de! e'ta/li'#in" t#e!e'tit ti$n a($ nt, )it# $! )it#$ t a #ea!in" a' t#e C$ !tdee(' a !$ !iate< and



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7;8 t#e &$ !t &$'t' $f t#i' a&ti$n, in&l din" &$ !t4a $intedatt$!ne- fee' a' &e!tified /- !. S lte. T#e C$ !t find't#!$ "# inf$!(ati$n !$vided /- t#e a!tie', t#e Defendanti' !ea'$na/l- a/le t$ a- t#i' e% en'e.

Defendant '#all a- t#e'e finan&ial $/li"ati$n' t$ t#e Cle!0 $f C$ !t$f t#i' &$ nt- $! $nline at ))).i$)a&$ !t'."$v. Defendant '#all(a0e a-(ent' a&&$!din" t$ a lan $f a-(ent t$ /e devel$ ed /-#i' !$/ati$n $ffi&e!.

/. Defendant '#all 'e!ve 36? da-' in t#e &$ nt- 5ail, )it# all / t 'even7:8 da-' $f t#e 'enten&e ' ' ended. Defendant '#all /e "iven&!edit f$! ti(e !evi$ 'l- 'e!ved. T#e C$ nt- S#e!iff '#allde'i"nate t#e a !$ !iate &$ nt- 5ail fa&ilit-. Defendant '#all&$nta&t t#e S#e!iffB' Offi&e $f t#i' &$ nt- )it#in 'even 7:8 da-' $ft#e filin" $f t#i' O!de! t$ dete!(ine t#e a !$ !iate &$ nt- 5ailfa&ilit- and (a0e t#e ne&e''a!- a!!an"e(ent' t$ &$( lete t#e

n' ' ended $!ti$n $f t#e 5ail 'enten&e /- September 23,201 . T#e :4da- 5ail 'enten&e (a- /e 'e!ved in ? 4#$ !in'tall(ent' t$ a&&$(($date DefendantB' )$!0 'ed le.Defendant (a- a!ti&i ate in t#e )$!0 !elea'e !$"!a( fa&ilitated/- t#e S#e!iff. If Defendant d$e' n$t 'e!ve t#e 5ail 'enten&e /- t#atdate, in additi$n t$ Defendant /ein" ' /5e&t t$ &$nte( t $f &$ !t$! !$/ati$n !ev$&ati$n !$&eedin"', $n )!itten !e e't f!$( t#eS#e!iff, t#e Cle!0 $f C$ !t '#all i'' e a )a!!ant f$! (itti( ' $f t#e

n' ' ended $!ti$n $f t#e 'enten&e and ' )a!!ant '#all i'' e)it#$ t f !t#e! &$ !t $!de!. In t#at event, Defendant ' 'enten&e'#all /e 'e!ved &$ntin $ 'l- and n$t in ? 4#$ ! in'tall(ent'.

In &$( lian&e )it# I$)a C$de Se&ti$n 3;6.: 72 118,Defendant '#all a- fee' a' late! a''e''ed f$! t#e !$$( and /$a!d

!$vided t$ Defendant )#ile in t#e & 't$d- $f t#e S#e!iff a' a !e' lt$f Defendant ' &!i(inal &$nvi&ti$n in t#i' (atte!. T#e a&t al a($ nta''e''ed )ill /e a' 'et f$!t# in t#e R$$( $a!d Rei(/ !'e(entClai( filed )it# t#e Cle!0 /- t#e S#e!iff. T#e a($ nt a''e''ed'#all #ave t#e f$!&e and effe&t $f a 5 d"(ent f$! ! $'e' $fenf$!&e(ent. S#$ ld Defendant di' te t#e a($ nt a''e''ed,Defendant #a' t#e !i"#t t$ !e e't a #ea!in" $n t#at i'' e<

&. A' a &$nditi$n $f a $!ti$n $f Defendant ' 'enten&e /ein"' ' ended, Defendant i' la&ed $n inf$!(al !$/ati$n f$! a e!i$d$f $ne 718 -ea! t$ t#e Sa& C$ nt- P!$/ati$n Offi&e 7 t#e P!$/ati$nS e!vi'$! 8 nde! t#e te!(' and &$nditi$n' t#e P!$/ati$nS e!vi'$! dee(' a !$ !iate. In additi$n t$ an- te!(' t#e



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P!$/ati$n S e!vi'$! i( $'e', t#e C$ !t ' e&ifi&all- i( $'e' all $ft#e f$ll$)in" te!(' $f !$/ati$n

718 Defendant '#all (a0e in4 e!'$n &$nta&t )it# t#e P!$/ati$nS e!vi'$! )it#in 'even 7:8 da-' $f t#e filin" $f t#i' O!de! t$'i"n f$! !$/ati$n and 'i"n an- !$/ati$n ' e!vi'i$na"!ee(ent !e e'ted /- t#e P!$/ati$n S e!vi'$!.Te!ep"#$e %#$t&%t '( $#t ()**'%'e$t <

728 Defendant '#all $/e- all la)'<

738 Defendant i' !$#i/ited f!$( &$n' (in" $! $''e''in"al&$#$l $! an- ille"al d! " $! an- d! " f$! )#i Defendantd$e' n$t #ave a valid !e'&!i ti$n. In additi$n, Defendant i'

!$#i/ited f!$( /ein" at an- l$&ati$n )#e!e al&$#$l $! ille"ald! "' a!e !e'ent, !e"a!dle'' $f )#et#e! Defendant i'

a&t all- in $''e''i$n $f $! &$n' (in" ' al&$#$l $! ille"ald! "'. T#i' !$#i/iti$n d$e' n$t !$#i/it Defendant f!$(/ein" at a /li& l$&ati$n 7e."., !e'ta !ant8 )#e!e al&$#$l i''e!ved, '$ l$n" a' t#e !i(a!- ! $'e $f t#e e'ta/li'#(enti' n$t t#e 'e!vin" $f al&$#$l and Defendant i' n$t &$n' (in"$! in $''e''i$n $f al&$#$l at t#at l$&ati$n< and

7?8 Defendant '#all &$( l- )it# all te!(' $f t#i' O!de!,in&l din" a-in" all finan&ial $/li"ati$n' and &$( letin" all!e i!ed ta'0' in a ti(el- (anne!<

d. Defendant #a' $/tained a ' /'tan&e a/ 'e eval ati$n. Defendant'#all f$ll$) an- !e&$((endati$n' f$! t!eat(ent $! &$ n'elin"(ade a' a !e' lt $f t#e eval ati$n, all at DefendantB' $)n e% en'e<and

e. Defendant '#all en!$ll in and &$( lete t#e D!in0in" D!ive!B' S$$l' $n'$!ed /- t#e &$(( nit- &$lle"e '-'te(. On $! /ef$!e t#e 6 t# da- f$ll$)in" t#e filin" $f t#i' O!de!, Defendant '#all file )!itten

!$$f )it# t#e Cle!0 $f C$ !t t#at Defendant #a' &$( leted t#eD!in0in" D!ive!B' S$$l.

3. T#e C$ !t "!ant' t#i' 'enten&e /e&a 'e it !$vide' f$! Defendant '!e#a/ilitati$n and t#e !$te&ti$n $f t#e &$(( nit-. T#e C$ !t #a' &$n'ide!ed t#e'enten&in" !e&$((endati$n $f t#e a!tie'.

?. Defendant #a' a 'tat t$!- !i"#t t$ a eal /- filin" )!itten n$ti&e $f a eal)it# t#e Cle!0 $f C$ !t $f t#i' &$ nt- )it#in 3 da-' $f t#e date $f t#e'e !$&eedin"'.If Defendant i' na/le t$ a- t#e &$'t' $f a eal, Defendant (a- a l- t$ t#e C$ !t f$!a $int(ent $f &$ n'el and t#e f !ni'#in" $f a t!an'&!i t $f t#e eviden&e a' !$vided in



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I$)a C$de Se&ti$n' 1?.> and 1?.11. Filin" a n$ti&e $f a eal )it#in t#e ti(e and int#e (anne! ' e&ified in I$)a R le $f A ellate P!$&ed !e 6.1 1 i' 5 !i'di&ti$nal andfail !e t$ &$( l- )it# t#e'e !$vi'i$n' '#all !e&l de Defendant ' !i"#t $f a eal.

;. A eal $nd i' 'et in t#e a($ nt $f 9;, . , &a'# $! ' !et-.6. DefendantB' a ea!an&e /$nd, if an-, i' e%$ne!ated, e%&e t a' $t#e!)i'e

!$vided in t#i' O!de!.

C!er+ S"&!! F)r$'(" C#p'e( T#: C$ nt- Att$!ne-Defen'e C$ n'elC$ nt- S#e!iffI$)a De a!t(ent $f T!an' $!tati$n



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Type: OTHER ORDER


So Ordered




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OWCR012663 - Sac City man pleads guilty to OWI 2nd Offense.pdf

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