SRCR012640 - Lake View woman pleads guilty to Possession of Marijuana.pdf

8/9/2019 SRCR012640 - Lake View woman pleads guilty to Possession of Marijuana.pdf

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E-FILED 2014 SEP 06 9:24 AM SAC - CLERK OF DISTRICT COURT


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S A C C O U N T Y J U D I C IA L M A G I S T R AT E C O U RTWA R R E N L . B U S H , J U D I C I A L M A G I S T R A T E D I S T R ISA CCCOUrUY

712) 662-7791, S A C C I T Y, IO W A 50583 FILED

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please print), have been charged with the crime of

^ u f Q i^j-oy / p 0 5 3 o /* ctonb-o}} t?n b> po> o-f d r u g f ^ ^ r and promise toappear in the Sac County Magistrate Court on the / 5 + - day of e~p 4- 20 / V , at8:30 A . M .

(Check 1 or 2)

f3A*- 1. M y appearance bond has been set at and Iagree to post all of such bond or 10% as allowed in order tosecure my release.

1 3 2 . I have been released on my own recognizance pending my

appearance at Magistrate Court.

7?^-y I understand I have the right to be represented by an attorney. If I cannot affordone, one wil l be appointed fo r me upon application.

Q I understand there are severe penalities for failing to honor this agreement.

I understand my failure to appear at the designated date wil l cause thisagreement to become null and void and a warrant for my arrest wil l be issued by the JudicialMagistrate.

Signature o f Inmate

Bond posted by./3 / QT rfq >~ ^

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Amount: O Q Q - C Q Dated / ^ V ^ y ^

The party who posted the bond agrees that any fines, surcharges, costs, restitution and otheramounts owed may be paid therefrom upon disposition. That party further agrees that, i f anysums remain, it may be used for repayment of accrued or accruing room and board chargesduring incarceration in jail.

Signage ofyPerson Posting Bond Surety)

Received by:Jailer

Clerk of CourtZDesignee


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un SuretyPOWER OF ATTORNEY POWER

NO. 5A-277613nsurance ompany1 Main Street, Rapid City, SD 57701 P O W E R A M O U N T 5,500.00

I T I S U N L AW F U L TO PRINT THIS F O R M WITHOUT WRITTEN C O N S E N T O F S U N S U R E T Y IN S U R A N C E C O M PA N Y.

N O W A L L M E N B Y T H E S E P R E S E N T S that Sun Surety Insurance Company, a corporation duly organized and existing under the laws of the state of South Donstitute and appoint and by these presents does make, constitute and appoint the named agent its true and lawful Attorney-in-fact with full power and authority e Com pan y name and affix its seal to, and deliver on its behalf as surety, a bail bond only. Authority of such Attorney-in-fact is limited to app eara nce bond

onstrued to guarantee defendant's future lawful conduct, adhe rence to travel limitations, fees , restitution, payment or penalties or any other conditions impoot spec ifically related to court app eara nce . > - -' ,

THE OBLIGATION O F TH E C O M PA N Y S H A L L N O T E X C E E D T H E S U M O F F IVE THOUS AND FIVE H U N D R E D D O L L A R S $5,500

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C O M PA N Y, has cause d'these presents to be signed by iauthorized officer, proper for the purpose and its corporto be hereunto affixed this 24th'day'of'April, 1998.

Patrick Wood, President

This power of attorney is for use'wiJIa'Bail Bonds only. Not valid if used with Fede ral Immigration Bo nds . This power void if altered or erased, void if used with other pof this com pany or in com filr^tip/rwith powers from any other surety com pany, and void if used to furnish bail in exc ess of the stated face amount of this nly be used once. This pow efof attorney is to be filed with the bond and retained a s part of the court records and should remain a perm ane nt part of the court


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff,

vs. BETH ANN MOHR , Defendant.

Case No: 02811 SRCR012640

INITIAL APPEARANCE POSSESSION OF MARIJUANA

Charges:01 - 124.401(5) - POSSESSION OF CONTROLLED SUBSTANCE - MARIJUANA 1ST OFFENSEDefendant's bond shall remain in place pending final disposition of this matter.

The Defendant herein appears before the undersigned Magistrate in and for Sac County, havingbeen charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant canand 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(s) as stated above and classified as: Felony - Class

Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is: 6 Months in the County Jail Years Prison And/Or $a fine not to exceed $1000 +35% surcharge and court costs You will lose your driver's license for a period of 180 days.

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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 with thisCourt.

5. You will be released from custody prior to trial on your own promise to appear at all furthercourt proceedings. If you willfully fail to appear before any court as required, you shall be guilty of aserous misdemeanor, additionally:

Upon consideration of the factors in Section 811.2, the Court imposes the following conditionson your release:(1) You must not use any alcohol or illegal drugs during the pendency of this matter.

(2) You must obey all laws of Iowa and the U.S. (3) You are ordered to complete a substance abuse evaluation immediately at NewOpportunities (Sac City - 712-662-7921) or Compass Pointe (Storm Lake - 712-732-5136) or a facilityof your choosing AT YOUR EXPENSE with a copy to be sent within 30 days to the Sac County Clerkof Court at 100 NW State Street, Ste. 12, Sac City, IA, 50583. YOU ARE NOTIFIED THAT THIS ISMANDATORY, AND YOUR FAILURE TO COMPLY WILL RESULT IN ISSUANCE OF AN ARRESTWARRANT AND REVOCATION OF YOUR PRETRIAL RELEASE.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determinewhether sufficient evidence exists to justify further prosecution of the Defendant as charged. Priorto a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a TrialInformation 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 hearingis: Waived Preliminary Hearing is scheduled on 10/06/2014 at 11:00 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THISOFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVESWITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT ISORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED ANDFINGERPRINTED. 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

The Court has provided a copy to the DefendantDefendantSac County Sheriff

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State of Iowa CourtsCase Number Case TitleSRCR012640 STATE VS BETH ANN MOHRType: HEARING FOR INITIAL APPEARANCE

So Ordered

Electronically signed on 2014-09-15 09:09:24

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E-FILED 2014 OCT 06 10:00 AM SAC - CLERK OF DISTRICT COURT


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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012640 Plaintiff,

vs. TRIAL INFORMATIONBETH ANN MOHR,DOB: 08/24/1987 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, Beth Ann Mohr of thecrime of POSSESSION OF MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE,

FIRST OFFENSE , a Serious Misdemeanor in violation of Iowa Code Section 124.401(5)

committed as follows:

The said Defendant, Beth Ann Mohr, on or about September 6, 2014 in the County of

Sac and State of Iowa did unlawfully and willfully knowingly or intentionally possess a controlled

substance, to-wit: Marijuana, A Schedule I Controlled Substance.

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. BETH ANN MOHR Criminal No. SRCR012640

COUNT I: Possession of Marijuana, a Schedule I Controlled Substance, First Offense

NAMES OF WITNESSES:

NATHAN BOECKMAN, RESERVE POLICE OFFICER, LAKE VIEW POLICE DEPARTMENT

TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT

MARK HEINO, MARIJUANA EXAMINER, CARROLL POLICE DEPARTMENT



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Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs BETH ANN MOHR ,

Defendant.


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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State of Iowa Courts

Type: ORDER FOR ARRAIGNMENT

Case Number Case TitleSRCR012640 STATE VS BETH ANN MOHR

So Ordered

Electronically signed on 2014-10-14 10:49:05 page 2 of 2



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E-FILED 2014 OCT 20 2:29 PM SAC - CLERK OF DISTRICT COURT


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E-FILED 2014 OCT 20 2:29 PM SAC - CLERK OF DISTRICT COURT


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IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA,

Plaintiff,

vs. BETH ANN MOHR ,

Defendant.


RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on October 20, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 12/17/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 01/27/2015 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information.

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

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.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 fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses. 1 of 3



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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 TitleSRCR012640 STATE VS BETH ANN MOHRType: ORDER SETTING TRIAL

So Ordered


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Date: 11/24/2014 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. SRCR012640 vs.

BETH ANN MOHR

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___11/24/2014_____________________ Jesse HellingMedia Coordinator, Region 4

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

E-FILED 2014 NOV 24 11:49 PM SAC - CLERK OF DISTRICT COURT


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2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs. BETH ANN MOHR ,

DEFENDANT.

Case No. 02811 SRCR012640

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before December 5, 2014. If any objection is filed on orbefore December 5, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before December 5, 2014, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JOSEPH EDWARD HALBUR

MEDIA COORDINATOR

BETH ANN MOHR

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E-FILED 2014 NOV 25 10:21 AM SAC - CLERK OF DISTRICT COURT


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State of Iowa CourtsCase Number Case TitleSRCR012640 STATE VS BETH ANN MOHRType: OTHER ORDER

So Ordered


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E-FILED 2014 NOV 25 10:21 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

v.

BETH ANN MOHR,

Defendant.

Case No. SRCR012640

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 her attorney, Joe Halbur The parties, through theundersigned, 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, pay all

applicable costs, and pay the minimum fine / civil penalty, and the State has

agreed to recommend that Defendant receive a deferred judgment. Defendant

intends to submit a written guilty plea by January 7, 2014. Defendant intends to

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

and sentencing.

__________________________Benjamin John SmithSac County AttorneySac County Courthouse

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

E-FILED 2014 DEC 19 11:14 AM SAC - CLERK OF DISTRICT COURT


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STATE OF IOWA,

Plaintiff,

vs. BETH ANN MOHR ,

Defendant.

02811 SRCR012640

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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State of Iowa CourtsCase Number Case TitleSRCR012640 STATE VS BETH ANN MOHRType: OTHER ORDER

So Ordered


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era

IN T H E IOWA DISTRICT C O U RT IN AND FOR SAC C O U N T Y

STATE OF IOWAPlaintiff, No. SRCRO12640 O

vs. GUILTY PLEA V

5m

BETH ANN MOHR,D O B : 08/24/1987

Defendant.

C O U N T I

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

I am charged with P O S S E S S I O N O F M A R I J U A N A , A S C H E D U L E I C O N T R O L L E D

S U B S TA N C E , F I R S T O F F E N S E , and I hereby request that my plea of guilty to the charge beentered of record.

A . The maximum punishment for this crime is: For the first offense, imprisonment of not more than six months in jail, and a fine of notmore than $1;000.00 plus statutory surcharges, plus all. court costs, and all costs and feesincurred for legal assistance. The surcharges include a 35% surcharge, a $125 LawEnforcement Initiative Surcharge and a $10.00 D A R E surcharge. The fine is immediately dueon the date.ofsentencing, unless, a payment plan is approved by the Court within thirty days ofthe Judgment date. The crime of First Offense Possession of Controlled Substance,Marijuana, is a Serious Misdemeanor.

If a Deferred Judgment is not granted, the Court will also order the Department ofTransportation to revoke my driver's license for 180 days. This is in addition to anysuspension or revocation o f driving privileges I am presently serving. In addition, for any Possession of Controlled Substance conviction the Court shallconsider and may order denial of certain Federal and comparable State benefits, such asstudent loans, grants, contracts, professional or commercial license. This does not includeretirement, welfare, Social Security, health, disability, veteran's benefits, public housing orsimilar benefits. I will be required to pay correctional fees for incarceration and enrollment fees forprobation. I am aware that sentencing options may include deferral of Judgment andSentence, the grant o f probation and the suspension of sentence imposed.

I. understand I may be required to complete a substance abuse evaluation at my ownexpense. If ordered, I will provide the evaluation to the Court before I am sentenced. The Court may order me to participate in a reality education substance abuse preventionprogram . ... .-\ 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 (fife-fighting, law enforcement,


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ambulance, medical or any other emergency services), which responded as a result of myviolation.

B . I understand that a criminal conviction, deferred judgment or deferred sentence may affect mystatus under federal immigration laws.

C . If I plead not guilty, I would be entitled to the following rights. I give up these rights bypleading guilty:(1) . The right to a speedy and public trial by a jury o f twelve people.(2) . The right to have an attorney represent me at trial and, if the Court found I was unable toafford an attorney, the Court would, at public expense, appoint an attorney to represent me.(3) . At trial, I would be presumed innocent until such time, i f ever, the State established myguilt beyond a reasonable doubt.(4) . At trial, a jury verdict of guilty would have to be unanimous.(5) . At trial, I would have the privilege against self-incrimination, that is, I cannot be forcedto testify, and i f i choose not to testify, the State may not comment on the fact of my failure totestify and, at my request, I would be entitled to a jury instruction stating that the jury couldnot infer guilt from my failure to testify.(6) . At trial, the State would have to confront me with witnesses upon whose testimony itrelied to obtain conviction, and I would have the right to cross examine those witnesses.(7) . At trial, I would be entitled to present witnesses to testify on my behalf and tocompulsory 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 totrial, 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 determination by examining the Minutes of Testimony attached to the TrialInformation, by reviewing the investigative reports of law enforcement agents who haveinvestigated the offense, or by asking me or counsel to recite and summarize the material factsthat would be offered at trial.The Court has the discretion to accept or reject any plea agreement made between the Stateand -myself. . The plea agreement is: I will plead guilty to Possession of Marijuana, aSchedule I Controlled Substance, First Offense a violation of Iowa Code Section 124.401(5).a Serious Misdemeanor. The County Attorney will recommend a Deferred Judgment. I will beplaced on probation to the Sac County Probation Officer for a period of one- (1) year fromthe Judgment date. I will pay a Civil Penalty to the State Court Administrator, through theClerk of Court, in the amount of $315.00. the $125.00 Law Enforcement Initiative surcharge,

and court costs: to be paid as set out in the Probation Agreement. Pursuant to the pleaagreement, the County Attorney will recommend dismissal of companion citation

STA0021437 and Count I and Count II of complaint SMCR012641. '

This plea agreement includes that I will be responsible to pay court costs, payment of allcosts and fees incurred for legal assistance, victim restitution, correction (jail) fee for any jailtime and all surcharges and mandatory punishments (see paragraph B) applicable to my case.I now state to the Court that I am, in fact G U I LT Y and that no threats or promises have been


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made to induce me to enter my plea of guilty. I have been informed that the elements of thecrime are: that I knowingly or intentionally possess a controlled substance to-wit:Marijuana A Schedule I Controlled Substance I understand the nature of the chargeagainst me.

This offense was committed by me in Sac County Iowa by my doing the following: Onor about September 6. 2014 I did knowingly or intentionally possess a controlledsubstance to-wit: Marijuana. A Schedule I Controlled Substance in Sac County. Iowa.

I hereby state that I submit this written plea of guilty with full knowledge and waiver of my rightsand I do so freely and voluntarily. No threats have been made against me to obtain this guiltyplea. No promises of leniency or favorable treatment have been made, except for any plea bargaindisclosed to the Court at the time o f this guilty plea.

F. If the Court accepts my plea of guilty, I realize:1). The Court will set a sentencing date not less than fifteen days after the date of its

acceptance of this guilty plea unless I waive this right. In order to contest this plea of guilty, Imust file a M ot ion in Arrest of Judgment at least five days prior to sentencing. The right tofile a Mot ion in Arrest of Judgment will be waived by having the Court impose a sentencetoday.

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 havethe Court address me personally.

WAIVER OF M O T I O N IN A R R E S T OF J U D G M E N T

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 M otion in Arrest of Judgment no laterthan 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 thedate of its acceptance of this guilty plea unless I waive this right, and the right to file aMotion 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 ofguilty 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 entitledfor sentencing at a later date.

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WAIVER OF RIGHT TO BE PRESENT

I have been fully advised that I have a constitutional right to be present at my sentencingand present evidence in my own behalf. I understand that it is my choice to be present or not, andthat no one can exclude me from sentencing.

With the above in mind, and further understanding that my decision whether to be presentor not is my own decision, I hereby knowingly and voluntarily waive the right to be present at mysentencing.

D/fendi

S TAT E O F I O WA

S A C C O U N T Y) SS

On this \v day o

iTtoniey foi^jdfendant, Joseph E . Halbur

01


30/34

1


STATE OF IOWA,

Plaintiff,

v.

BETH ANN MOHR,

Defendant.

SRCR012 !0

RECORD OF PLEA OF GUILTY ANDDEFERRED JUDGMENT ORDER

DATE: "an#a$% &, 201'

CHARGE: P())e))i(n (f Ma$i*#ana, a )e$i(#) +i)de+ean($, in vi(lati(n (fI( a C(de - 12!.!01 '/

Defendant a) filed a $itten #ilt% lea and a aive$ (f Defendant3) $i t t( 4e$e)ent f($ )enten5in . Defendant a)6) t at t e lea t( t e a4(ve 5 a$ e 4e a55e ted

and t at )enten5e 4e i+ ()ed #$)#ant t( t e lea a$$an e+ent a $eed # (n 4% t ea$tie) it (#t t e f($+alit% (f t e $e5($d $e7#i$ed 4% R#le) 2.& and 2.10 (f t e I( a

R#le) (f C$i+inal P$(5ed#$e.T e C(#$t e$e4% inf($+) Defendant t at Defendant3) lea (f #ilt% t( t e

a4(ve8$efe$en5ed 5 a$ e i) a55e ted.

IT IS THE ORDER OF THE COURT AS FOLLOWS:

1. Defendant i) $anted a defe$$ed *#d +ent #$)#ant t( I( a C(deSe5ti(n) 901.' and 90:.;.

2. Defendant ) all a% all (f t e f(ll( in finan5ial (4li ati(n) and5. t e 5(#$t 5()t) (f t e)e $(5eedin ).

Defendant ) all a% all finan5ial (4li ati(n) ( ed t( t e Cle$6 (f C(#$t (ft i) 5(#nt% ($ (nline at .i( a5(#$t). (v. All )#5 finan5ial (4li ati(n)) all 4e aid 4% a% (f a lan (f a%+ent devel( ed 4% t e $(4ati(n(ffi5e$.

;. Defendant i) la5ed (n $(4ati(n #nde$ t e f(ll( in te$+) and5(nditi(n)

4. Defendant ) all f(ll( all te$+) and 5(nditi(n) i+ ()ed 4% t e

P$(4ati(n S# e$vi)($ t at t e P$(4ati(n S# e$vi)($ dee+)a $( $iate. In additi(n t( an% te$+) and 5(nditi(n) i+ ()ed 4%t e P$(4ati(n S# e$vi)($, t e C(#$t ) e5ifi5all% i+ ()e) all (f t ef(ll( in additi(nal te$+) and 5(nditi(n)

SRCR012640 - Lake View woman pleads guilty to Possession of Marijuana.pdf

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